New York is one of 12 states with no-fault insurance systems in place. In these states, including New York State, drivers file claims with their own car insurance companies to cover medical treatment sustained during auto accidents, regardless of who was at fault for the accident. It’s important to understand how no-fault insurance works in New York.
What Is No-Fault Car Insurance?
No-fault car insurance, also called Personal Injury Protection (PIP) coverage, allows drivers to file personal injury claims with their own insurance companies after crashes, regardless of who caused the accidents.
You must file that application within 30 days of the accident even if you called and received a claim number right away to use.
How to File a No-Fault Insurance Claim
- Report the accident. You should report the accident right away by phone and/or email to the no fault insurance carrier. This should generate a claim number you can use for medical treatment.
- File the no fault application. Even with the claim number you should file a no-fault application within 30 days of the accident and retain proof that you mailed it or sent it online.
- Submit documentation. Your doctors will need to timely submit paperwork to the no-fault carrier so make sure they have the claim number and place to send their medical bills.
- Cooperation. You’ll need to cooperate with your car insurance company if they ask for additional verification, which can include paperwork or sworn testimony about your accident and injuries.
Who Can File a No-Fault Claim?
Drivers aren’t the only ones who can file no-fault claims with the auto insurance companies. Any passenger, pedestrian, or bike rider can file a no-fault claim as well. Here are the parties who may be able to make a no-fault claim after a crash in New York:
What’s Covered Under PIP Insurance?
Unlike fault-based insurance policy claims, no-fault claims only cover certain damages. Those damages can include:
- Medical bills. Your PIP insurance will pay for medical bills up to your coverage limit.
- Lost income. No-fault insurance will pay for lost wages up to your coverage limit.
- Cost of replacement services. Replacement services include the services you need while you recover from your injuries.
- Funeral costs in the event of a fatal injury. New York recorded an estimated 787 motor-vehicle deaths in 2025, down 18% from 955 in 2024, per National Safety Council preliminary estimates.
Pain and suffering claims are not covered by no-fault claims, nor are any forms of vehicle property damage.
When You Can File a Claim Against Another Driver
You may be able to file a personal injury claim for pain and suffering against another driver in New York State if your injuries were considered serious under New York law.
FAQs
Q: What Does No-Fault Insurance Cover in New York?
A: In New York, no-fault insurance covers medical expenses and lost wages, regardless of who caused the crash. This system is in contrast to fault-based systems, and it provides quick access to compensation without the delays associated with determining fault. No-fault insurance does not cover damage to vehicles or pain and suffering, or other general damages.
Q: What Are the Disadvantages of No-Fault Insurance?
A: The disadvantages of no-fault insurance are limiting and preventing compensation for pain and suffering against drivers who are 100 percent at fault for the accident and a person’s injuries.
Q: What Statute Governs New York’s No-Fault Insurance System?
A: Article 51 of the New York State Insurance Law governs New York’s no-fault insurance system. Drivers must carry personal injury protection (PIP), or “no-fault,” coverage of $50,000 per person. This pays for basic economic losses — medical and rehabilitation costs, a portion of lost earnings, and related expenses — regardless of who caused the crash. Drivers must also carry minimum liability insurance of $25,000 for bodily injury to one person, $50,000 for bodily injury to all persons, and $10,000 for property damage in any one accident (commonly written as 25/50/10), plus uninsured motorist coverage for bodily injury at those same 25/50 minimums.
Hire a Car Accident Lawyer Today
If you were injured in an accident and your injuries are serious, you can hire a car accident lawyer to help you file a claim against the driver who was responsible for your crash.
The team here at the Law Office of Brett J. Nomberg, PLLC, has extensive experience in handling complex car accident claims for car and truck accidents in New York.
We have a keen understanding of how the state’s car and truck accident laws affect different types of claims and a history of helping our clients file claims successfully against other drivers to help them receive fair compensation for their injuries. Contact us to schedule an initial consultation today.
