Car Accidents and Insurance Claims in New York

After a crash in New York, you have two jobs: report the accident on time and file the right insurance claims. Injuries go through your own no-fault coverage first, no matter who caused the crash. Damage to your car depends on who was at fault and whether you carry collision.

The guides below follow the order most people need them, from the first hour after a crash to what happens at renewal.

At a Glance

  • No-Fault Deadlines Are Short: Give your insurer written notice within 30 days of the accident. Medical bills are due within 45 days of treatment and lost-wage claims within 90 days. Late claims need a clear, reasonable justification.
  • Some Crashes Need a DMV Report: You must report a crash to the DMV if anyone is hurt or killed, or if property damage to any one person is more than $1,000.
  • Suing Usually Takes a Serious Injury: No-fault limits injury lawsuits. In general, you can sue the driver who caused the crash if you have a “serious injury” as defined in New York Insurance Law §5102(d).
  • Car Damage Is a Separate Claim: Collision pays for damage to your car regardless of fault if you carry it. Without collision, you usually claim against the at-fault driver’s property damage liability coverage.
Table Of Contents
  1. Right After an Accident
  2. Filing and Following Up on a Claim
  3. Totaled Cars and Payouts
  4. Uninsured Drivers and Lawsuits
  5. After the Claim
  6. Related Guides

Right After an Accident

  • Reporting deadlines: When New York requires a crash report, when police must be notified and how reporting affects a claim.
  • Police and DMV reports: How to file a police report and the DMV’s MV-104 crash report, and how to get a copy.
  • Documenting damage: What to photograph and save so your claim isn’t slowed down or reduced.
  • How fault is decided: How no-fault, property damage liability and comparative fault work together.
  • If you caused the crash: What happens after an at-fault accident in New York, including when you can be sued.

Filing and Following Up on a Claim

  • Filing a claim: Step by step, from reporting the crash to filing no-fault and vehicle damage claims.
  • Claims adjusters: What adjusters do and how staff, independent and public adjusters differ.
  • How long payment takes: The timelines New York insurers work under for inspections, offers and payment.
  • Getting repairs done: From the inspection to choosing a shop and getting paid.
  • Denied claims: Common reasons claims are denied and what to do if your insurer says no.
  • Paying out of pocket: When paying for repairs yourself can make sense, and which accidents must be reported anyway.

Totaled Cars and Payouts

  • Totaled cars: How total-loss claims work in New York, including payouts, car loans and disputes.
  • Actual cash value: How insurers value your car and how to challenge a low offer.
  • Gap insurance: How gap coverage pays the difference between your loan balance and the car’s value after a total loss.

Uninsured Drivers and Lawsuits

  • Crashing without insurance: What happens if you crash while uninsured, and who pays for injuries and damage.
  • MVAIC: What MVAIC is, who may qualify and the deadlines to file.
  • Deadlines to sue: Time limits for a lawsuit after a crash and how the serious-injury threshold works.

After the Claim

Related Guides

To check whether a specific kind of damage or cost is covered, see what car insurance covers in New York. For reporting rules, penalties and DMV points, see our guide to New York car insurance laws and requirements. The DMV’s page on crash reports explains how to get a copy of a report.