How to File a Car Insurance Claim in NY

Step 1: Take Immediate Action After the Accident

• Ensure safety: Move vehicles out of traffic if possible. Call 911 for injuries or significant damage. New York law requires reporting accidents with injuries, death, or property damage exceeding $1,000 to the police (form MV-104).
• Exchange information: Collect names, contact details, insurance info (company, policy number), license plate numbers, and vehicle descriptions from all involved drivers.
• Document the scene: Take photos/videos of vehicle damage, license plates, injuries, road conditions, traffic signs, and weather. Get witness contact information.
• Do not admit fault: Statements like “I’m sorry” can be used against you. Stick to factual details in police reports.

Step 2: Understand New York’s No-Fault Insurance Rules

New York is a “no-fault” state, meaning your own insurance covers initial medical bills and lost wages (up to $50,000), regardless of fault, through Personal Injury Protection (PIP).

• File a no-fault claim (Form NF-2) within 30 days of the accident to avoid losing benefits.
• Exceptions to no-fault: You can sue the at-fault driver for severe injuries (e.g., broken bones, disfigurement, permanent disability) or if medical costs exceed $50,000.

Step 3: Notify Your Insurance Company

Contact your insurer immediately—even if the accident was minor. New York insurers require “prompt notice” of claims. Delays could result in denial.

• Provide: Date/time/location of the accident, police report number, other driver’s info, and summary of what happened.
• Get a claim number and adjuster contact details.

Step 4: Complete Required Forms

• No-Fault Application (NF-2): Submit to your insurer within 30 days to access PIP benefits. Include medical records/bills if treating injuries.
• DMV Accident Report (MV-104): File online or mail within 10 days if damage exceeds $1,000 or there are injuries/deaths.

Step 5: Handle Property Damage Claims

• Damage to your vehicle: New York requires drivers to carry $10,000 in property damage liability. If the other driver is at fault, their insurance covers your repairs (or $25,000 under your own Collision coverage).
• Choose a repair shop: You have the right to select your own facility (insurers cannot force you to use their network).
• Get an estimate: Submit repair quotes to your adjuster. For totaled vehicles, insurers must pay the vehicle’s actual cash value (ACV).

Step 6: Cooperate with the Claims Adjuster

Your insurer assigns an adjuster to investigate liability and damages.

• Provide requested documents promptly: Police reports, medical records, repair bills, wage statements.
• Record statements carefully: Stick to facts; avoid speculation. Consult an attorney before giving recorded statements in severe injury cases.
• Track deadlines: Respond to adjuster queries within 24–48 hours to prevent delays.

Step 7: Resolve Disputes Over Fault or Payouts

• Denied claims: Request a written explanation citing policy language. New York law (Regulation 64) mandates insurers conduct fair, timely investigations.
• Lowball offers: Submit independent repair estimates or medical evaluations. If unresolved, demand appraisal (a neutral third party independently assesses damage).
• Bad-faith tactics: File a complaint with the New York Department of Financial Services (NYSDFS) or hire an attorney to sue for breach of contract.

Special Circumstances in New York Claims

• Hit-and-run/uninsured drivers: Use your Uninsured Motorist Coverage (UMC). Report to police within 24 hours.
• Rideshare accidents: Notify Uber/Lyft and your insurer. NY rideshare policies provide up to $1.25 million in liability coverage during active trips.
• Weather-related accidents: Comprehensive coverage applies for damage from falling objects (e.g., trees), floods, or hail.

Finalizing Your Claim

• Medical claims: Submit ongoing treatment records to your PIP adjuster until the $50,000 limit is exhausted.
• Settlement offers: Negotiate firmly. Sign releases only after ensuring all expenses (including future medical needs) are covered.
• Subrogation: If your insurer pays your claim and another party is at fault, they may pursue reimbursement from the at-fault driver’s insurance.