After a crash that someone else caused, you might wonder, Should I file a claim if I’m not at fault? It’s a fair question—many drivers assume the other person’s insurance will take care of everything. In reality, waiting to act can delay your recovery and make it harder to get the compensation you deserve. Knowing when and how to move forward can make all the difference.
At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we help people across New York understand their rights, handle every legal step, and fight for the results they’re owed.
How Does the No-Fault System Work in New York?
New York follows a “no-fault” insurance system, which means that each driver’s own coverage pays for basic economic losses—such as medical bills and lost income—regardless of who caused the crash. This system was designed to streamline access to care and reduce minor-injury litigation.
However, it doesn’t mean fault is irrelevant. Under New York Insurance Law §5102, no-fault coverage applies only to “basic economic loss.” It does not cover vehicle damage, pain and suffering, or other non-economic harm.
Additionally, under New York Civil Practice Law and Rules §1411, a driver’s own negligence can still reduce recoverable damages in a personal injury case if they share responsibility for the crash.
In short, your no-fault benefits cover medical costs, but recovering for pain, suffering, or property loss typically requires pursuing compensation from the at-fault party through legal action.
Contact a Long Island Car Accident Lawyer Near You
Should You File a Claim if You’re not at Fault Then?
Should I file a claim if I’m not at fault? After a crash that wasn’t your fault, you might wonder whether taking legal action is worth it. Many drivers assume that because they didn’t cause the accident, they don’t need to file anything—but that’s a mistake. In New York, even if another driver caused the collision, you still have legal and financial responsibilities under the state’s no-fault insurance system. Under New York’s no-fault law, injured individuals generally have 30 days to submit required claim information to the proper insurer, as outlined by the New York Department of Financial Services.
That said, before taking any steps or filing any paperwork, contact our attorneys first. We handle the process on your behalf—ensuring every document is accurate, deadlines are met, and no mistakes jeopardize your recovery. Our team also pursues property damage and diminished value claims directly against the responsible party when needed. Before signing any paperwork or settlement offer, speak with our legal team to confirm your rights are fully protected.
How the Car Accident Property Damage Claim Process Works
Recovering payment for vehicle damage after a crash can be complex, even if liability seems obvious. Our team helps clients handle every part of the process, including:
- Gathering evidence such as photos, repair estimates, and the police report.
- Evaluating repair or replacement value to determine whether the vehicle is a total loss.
- Preparing documentation that supports the full amount of your damages.
- Negotiating for payment directly with the liable party or through the court system if needed.
Insurance companies often delay or dispute claims to minimize payouts, especially when fault is contested. By working with our firm, you place all communication and negotiation in the hands of attorneys who know how to counter those tactics effectively.
Tips for Maximizing Your Claim in New York
A successful claim depends on preparation and timing. To protect your recovery:
- Seek medical attention immediately after the accident, even for minor pain or dizziness.
- Collect and preserve evidence—photos, witness names, and the official police report.
- Keep detailed records of all repair estimates, receipts, and out-of-pocket costs.
- Track any lost income or time away from work caused by the crash.
- Speak with an attorney before signing anything or providing statements about the accident.
Even small mistakes can lead to reduced compensation or denied benefits. Our attorneys ensure that your claim complies with all state deadlines and includes every category of recoverable loss.
Contact a Long Island Car Lawyer for a Free Consultation
Were you involved in a crash that wasn’t your fault? Unsure whether to file a claim or how New York’s no-fault laws apply to your situation? Our team at the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers is ready to help. We guide clients through every step of the process—filing claims, negotiating settlements, and pursuing compensation when insurers fail to meet their obligations. Call 516-358-6900 today for a free consultation and let us help you protect your rights after a car accident in Long Island.
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