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Law Office of Cohen & Jaffe, LLP

Submitting Your No-Fault Insurance Claim and The Time Considerations Involved

Driving without car insurance can have catastrophic consequences, especially if you are in an car accident that results in injuries to yourself, or another person and/or their car. Not having valid, up-to-date insurance coverage provides the New York Department of Motor Vehicles (DMV) with the right to suspend both your drivers’ license and vehicle registration.

Before registering your vehicle with the New York DMV, you must obtain no-fault insurance, which is more commonly referred to as personal injury protection (PIP). No-fault insurance typically provides coverage, regardless of how the vehicle accident occurred, and which party caused the accident.

Under New York law the minimum amount of automotive liability insurance coverage that you must have is:

  • $50,000 for any deaths, and $25,000 for any bodily injury caused by an accident.
  • $10,000 to cover property damage resulting from an individual accident.
  • $100,000 for accidents causing the death of at least two people.
  • $50,000 for accidents causing bodily injury of at least two people.

In order to file a no-fault insurance claim with an insurer there are an assortment of time constraints that you must consider. This is because in order to recover from an insurer, your claim must be filed within 30 days of the accident.

Common No-Fault Insurance Time Considerations

In order to file a no-fault insurance claim, you must provide written notice to the relevant insurer, or their authorized agent, within 30 days following the date of the accident. However, your no-fault insurance claim can be submitted beyond the 30-day time frame if you can submit written proof that illustrates a reasonable and clear justification for why you were unable to comply with the 30-day timeframe. Your no-fault insurance claim must be submitted to the insurer of the car that you were either a driver or passenger in. If you were a pedestrian you must submit your claim to the insurance company that covers the car that hit you.

The written notice you provide must sufficiently set forth the necessary details required to identify all eligible injured parties, in addition to all reasonably accessible information about the circumstances, time and place of the accident. In addition to the 30-day time frame for submitting your no-fault insurance claim, there are additional time considerations that you should be aware of. First, you must submit your medical bill claims to the relevant insurer within 45 days of the date of treatment. Second, any claim for lost wages must be submitting within 90 days following the accident.

Choose The Law Office of Cohen & Jaffe, LLP

Getting into a auto accident can be an extremely stressful situation, especially if either driver does not have the proper New York-mandated car insurance. No matter whether you have been involved in a car accident or collision caused by the negligence of yourself, or another driver, you will need assistance from trained personal injury attorneys. That’s where the Long Island, New York car accident attorneys here at the Law Office of Cohen & Jaffe, LLP can help. We can provide a full range of solutions including a review of your car insurance policy or automotive accident case, in addition to any other personal injury legal assistance that you need.

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