If you’re hurt in a crash in New York, no-fault benefits usually come first — here’s what they cover and where they stop.
What no-fault covers
New York is a no-fault state. After most car accidents, your own auto insurer pays up to $50,000 in basic economic loss — medical bills, a portion of lost wages, and certain other costs — regardless of who caused the crash. You generally must file the no-fault application (form NF-2) within 30 days of the accident, so acting quickly matters.
When you can step outside no-fault
No-fault does not pay for pain and suffering. To bring a claim against the at-fault driver for those damages, New York law requires a “serious injury” as defined by Insurance Law § 5102(d) — for example a fracture, significant disfigurement, or a significant limitation of a body function or system. Whether an injury qualifies is often disputed, which is where an experienced attorney helps.
Deadlines are strict
Missing the 30-day no-fault filing or a treatment gap can jeopardize benefits. If a city bus or public vehicle was involved, a separate notice of claim — often within 90 days — may also apply.
Frequently asked questions
Do I still have a case if no-fault paid my bills?
Possibly. No-fault does not cover pain and suffering. If your injury meets the serious-injury threshold, you may have a separate claim against the at-fault driver.
How long do I have to sue after a car accident?
The general deadline in New York is three years, but claims involving a city or public entity can require a notice of claim within about 90 days. Contact a lawyer promptly.
Related
Injured in New York? Alan Ripka & Associates offers a free, confidential case review in English, Spanish, or Russian. Call 212-557-4777.
Attorney Advertising. This article is general information, not legal advice, and does not create an attorney-client relationship. Every case is different; prior results do not guarantee a similar outcome. For advice about your situation, contact Alan Ripka & Associates, LLP at 212-557-4777 for a free consultation.
