Filing An Auto Insurance Claim In New York State

If you've been in a car accident in New York State, it's important to know how to file an auto insurance claim. The first step is to report the accident to your insurance company and the local police department, especially if there has been property damage or injury. You must also file an accident report with the Department of Motor Vehicles if the damage exceeds $1000. It's important to read your insurance policy to understand your specific reporting requirements and coverages. If you've been injured, you can file a No-Fault claim with the insurer of the vehicle you were in, or with your own insurer if the accident occurred outside of New York State. You must notify all potentially responsible parties within 30 days for a No-Fault claim. You may also need to apply for Additional No-Fault benefits if your expenses exceed $50,000. If your claim is denied, you can file a complaint or request No-Fault arbitration. Understanding New York's No-Fault car insurance system and your policy's specific coverages will help you navigate the claims process and ensure you receive the compensation you're entitled to.

File a crash report

If you are involved in a car accident in New York State, you are required by law to file an accident report (also known as a crash report) within 10 days if the accident caused an injury or death, or damage to property (including your own) exceeding $1,000. To do this, you must fill out and file the Report of Motor Vehicle Accident (MV-104). This form will usually be included with any claim forms sent to you by your insurer.

You can file a crash report at the scene of the accident, or online. You can also call or visit the local police agency or precinct where the accident occurred to get a copy of your report.

If the accident caused property damage only, you must exchange information about your driver's license, insurance, and registration with the other drivers involved. If a parked vehicle or other property is damaged, or if a domestic animal is injured, you must locate the owner or contact the police.

If a person is injured or killed, you must immediately notify the police and file the MV-104 form. It is a crime to leave the scene of an accident that causes personal injury or death.

File a no-fault claim

To file a no-fault claim in New York State, you must submit a written notice of claim to the No-Fault insurer within 30 calendar days of the accident date. This deadline can be extended if you can provide a clear and reasonable justification for the delay. The notice should include the identities of the injured person(s) and reasonably obtainable information about the time, place, and circumstances of the accident.

If the accident took place in New York State, you should file your No-Fault claim with the insurer of the vehicle you were in when the accident occurred. If you were a pedestrian, file a claim with the insurer of the vehicle that struck you. If the accident was outside of New York State, and you were in a vehicle other than your own, file your claim with your own insurance company. If you were injured in a motor vehicle accident while riding a bus, your No-Fault benefits would be provided by your automobile policy or the automobile policy of a member of your household. If you or a member of your household does not have automobile insurance, then the insurer of the bus would provide your No-Fault benefits.

If you do not know the vehicle that struck you, or if the vehicle was uninsured, you may file a claim with the insurer of a household family relative who had an auto policy at the time of the accident. If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).

Within five business days after the insurer receives your notice of claim, they must send you an Application for Benefits and a letter explaining your No-Fault coverage, rights, and obligations. Once you receive the Application for Benefits form, complete and return it as soon as possible.

If you need medical treatment, you have two options:

• Pay the doctor or hospital directly and submit your receipts or bills to the insurer for reimbursement.
• Allow the doctor or hospital to submit their bills directly to the No-Fault insurer for payment.

No-Fault benefits are paid according to prescribed fee schedules, which healthcare providers are legally required to accept as full payment. Make sure to inform your healthcare provider that you are being treated for injuries related to an auto accident.

If the insurer fails to make a timely payment, they must pay 2% interest per month on the unpaid amounts and any reasonable attorney's fees you have incurred to collect your overdue No-Fault benefits. If your No-Fault claim is denied or paid late, you may file a complaint with the Department, request No-Fault arbitration, or bring an action in court.

File for lost wages

If you are injured in a motor vehicle accident in New York State, you may be able to file a claim for lost wages under your No-Fault insurance coverage, also known as Personal Injury Protection (PIP). This type of coverage is intended to pay for medical bills and lost wages resulting from the accident.

To file a claim for lost wages under No-Fault insurance, you must submit a written notice of claim to the applicable No-Fault insurer within 30 days of the date of the accident. This notice should include the names of the involved parties, as well as the time, date, location, and circumstances of the accident. You may also be required to submit supporting documentation, such as a disability form from your doctor or employer, to prove that you are unable to work due to your injuries.

It is important to note that No-Fault insurance will only cover a portion of your lost wages. In New York State, No-Fault insurance covers 80% of lost earnings from work, up to a maximum of $2,000 per month, for up to three years from the date of the accident. This amount is subject to offsets for disability, Worker's Compensation, and Federal disability benefits.

If your lost wages exceed the amount covered by No-Fault insurance, you may need to file an additional claim with the at-fault driver's insurance company or seek legal assistance to recover the full amount of your lost income.

Additionally, if you are unable to work due to a non-accident-related injury or illness, you may be eligible for New York State disability benefits, which can provide partial wage replacement for a limited time. To apply for New York State disability benefits, you must have been employed with your current job for at least four weeks. If you have been with your employer for a shorter period, the state will consider your previous employer.

File for New York State disability

To file for New York State disability, you must meet certain eligibility criteria and complete specific forms. Here is a step-by-step guide to help you through the process:

Eligibility Criteria:

• Medical Qualifications: You must provide proof that your disability or medical condition makes it impossible for you to work. A licensed medical professional needs to document that your condition is expected to last for at least one year or result in death.
• Work History: For Social Security Disability Insurance (SSDI), you must be 66 years old or younger and have earned a minimum number of work credits by paying Social Security taxes. You are likely to qualify if you have worked for years, including at least five of the last ten.
• Income and Assets: For Supplemental Security Income (SSI), your income must be limited, typically less than $900 per month, and you should have few personal assets, with less than $2,000 as a single individual or $3,000 if married.

Application Process:

• Confirm Your Employer's Insurance Carrier: Check with your employer or the Worker's Compensation Board to confirm if your employer's disability benefits carrier is the New York State Insurance Fund (NYSIF).
• Complete the Necessary Forms: If your employer has disability insurance through NYSIF, complete the NYSIF Form DB-450. This form is used if you become sick or disabled while employed or within four weeks after your last day of work. If you have been unemployed for more than four weeks, follow the instructions provided by the New York State Workers' Compensation Board to submit your claim with the NYS Special Fund for Disability Benefits.
• Submit the Forms: Submit the completed NYSIF DB-450 forms to your most recent employer or NYSIF within 30 days of becoming sick or disabled. You can mail or fax the forms to the provided addresses.
• Provide Medical Documentation: Ensure you have provided medical documentation for the entire period of your disability.
• Understand the Benefits: Disability benefits provide temporary weekly cash payments of 50% of the employee's average gross wages for the last eight weeks, up to a maximum of $170 per week. Benefits checks are processed every two weeks, and the maximum benefit covers 26 weeks in a 52-week period.

Additionally, if you are seeking federal disability benefits, such as SSDI or SSI, you can apply by visiting a local Social Security field office, calling the Social Security call center, or applying online. The process involves submitting the necessary forms and providing relevant documentation. It is recommended to work with a disability lawyer to navigate the complex application process and improve your chances of approval.

File a claim against another driver

If you believe you are not at fault for the damage to your vehicle, you have the option to file a claim against the other driver. Here is a step-by-step guide on how to do this:

Step 1: Report the Accident

Firstly, report the accident to the local police department, especially if anyone sustained injuries or if the amount of damage caused is over $1,000. In this case, you must file an accident report with the New York Department of Motor Vehicles (DMV) within 10 days of the accident. You will usually be given the relevant form, MV-104, by your insurer.

Step 2: Exchange Information

If the other driver is reasonable, make sure you both have the necessary information to file your respective claims. All you really need is each other's insurance information. Take photos of the other driver's insurance ID card and any other relevant documents.

Step 3: Contact Your Insurer

Don't waste any time in contacting your insurer, regardless of who was at fault. Many insurers allow you to file claims from their mobile apps. Make sure to submit your claim within your insurer's time limit—deadlines for filing vehicle damage claims are typically 30 days.

Step 4: File a Claim with the Other Driver's Insurer

If you have the information from the other person involved in the accident, you may call their insurance company to file your claim. Some companies may also offer online claim reporting. If you have an insurance agent, they may be able to help you with this process.

Step 5: Understand the Process

Each insurance company has a different process for managing claims. In general, less complex claims—where everyone cooperates and there are no disputes about who caused the accident or the value of the damages—are processed the fastest. The other company may not agree that their driver is 100% responsible and may only offer to pay a portion of your damages.

Step 6: Provide Evidence

If the other driver's insurance company has accepted responsibility for your damages, and you have an estimate from a repair facility of your choice, share this information with the other driver's insurance company as soon as possible. If your vehicle is not repairable and you believe that its value is greater than the settlement offered, you may attempt to negotiate the amount.

Step 7: Consider Alternative Options

If you are unable to reach an agreement with the other driver's insurance company, there may be other resources available to help you, including your state's department of insurance. You could also decide to use your own insurance for car damage, rather than dealing with the other person's insurance company. If you have collision insurance, you can use it for car damage caused by someone else, but your insurance check will be reduced by your collision deductible amount.

Step 8: Take Further Action if Necessary

If you are unhappy with the other driver's insurance company, you can file a complaint with the Department of Financial Services or contact the New York State Department of Financial Services for further assistance. You may also want to consult an attorney for legal advice.

Frequently asked questions