How Do I File a Claim After an Accident?

Last Updated on January 30, 2026

After a crash, it’s easy to miss deadlines or forget key details that your insurer will need. The checklist below walks you through what to do right away, how to file no-fault and vehicle damage claims in New York, and what to do if an insurer delays or denies part of your claim. (Rules and timelines can vary by policy and by state—this focuses on New York.)

At a Glance

  • Protect your deadlines: In New York, you may have just 10 days to file a DMV crash report (MV-104) in certain cases, and 30 days to give written notice for no-fault injuries.
  • No-fault comes first for injuries: Medical bills and certain wage loss are typically handled through your own no-fault coverage—regardless of who caused the crash.
  • Documentation drives outcomes: Photos, estimates, medical notes, and receipts help prevent delays, denials, and low settlement offers.
  • You have dispute options: If a claim stalls or is denied, you can escalate internally, use no-fault arbitration where applicable, or file a complaint with New York DFS.

What To Do Immediately After An Accident

  • Get to safety first: Move out of traffic if it’s safe. Call 911 for injuries, fire risk, or if traffic needs control.
  • Exchange information: Names, contact info, driver’s license numbers, plate numbers, insurer names, and policy numbers (if available).
  • Document the scene: Take wide and close-up photos of vehicles, damage, skid marks, traffic signals, and the surrounding area. Note the time, location, and weather.
  • Identify witnesses: Get names and phone numbers. Independent witnesses can be crucial if stories change later.
  • Avoid guessing or admitting fault: Stick to facts when speaking with police, tow operators, and insurers.

Quick tip: Create a single “claim folder” on your phone (photos + notes) and a physical folder (estimates + receipts). Claims go smoother when everything is in one place.

Key New York Deadlines And Timelines To Know

Deadlines can differ based on the facts of your crash and your specific policy. These are common New York timelines that frequently come up in claim handling.

ActionTypical New York TimelineWhy It Matters
Report the crash to your insurerAs soon as possible (per your policy)Late reporting can create coverage disputes or delays.
File MV-104 with NY DMV (when required)Within 10 daysOften required if there’s injury/death or property damage over $1,000 to any one person. DMV guidance: Filing a Crash (Accident) Report.
No-fault written notice of claim (injury claims)Within 30 daysMissing the deadline can jeopardize no-fault benefits unless there’s a valid reason.
Medical provider submits no-fault bills (common rule)Within 45 days of serviceLate billing can trigger denials and extra paperwork.
Physical damage inspection (if insurer chooses to inspect before repairs)Within 6 business days of noticeHelps prevent repair delays and protects your ability to move forward with repairs.
Insurer issues payment after a physical damage settlement is acceptedOften within 5 business daysPayment timing is regulated, but documentation issues can slow things down.

How To File A Claim Under Your Own Policy

Report The Accident And Open The Claim

Start by notifying your insurer and getting a claim number. New York policyholders should also understand how long you have to report a car accident because policy notice requirements can be stricter than you expect.

When you call (or file online), be ready to provide: who was involved, where and when it happened, the vehicles’ details, a short description of what occurred, and whether anyone may be injured. If you later realize something was wrong or missing, update your adjuster in writing (email is usually fine).

DMV reporting note: Separately from your insurance claim, New York may require you to file an MV-104 crash report with the DMV in certain situations. Use the DMV’s instructions (linked above) and follow the deadline.

File A No-Fault Claim For Injuries In New York

Because New York is a no-fault state, most injury-related expenses (like medical treatment and certain wage loss) generally run through your own Personal Injury Protection (PIP) coverage first—regardless of fault.

New York law requires at least $50,000 of PIP/no-fault coverage on most policies, but the benefits you can actually access depend on your policy language and the documentation you submit. Your insurer will typically send a benefits application and instructions after you report the injury—complete and return them promptly.

Where To File The No-Fault Claim

SituationCommon No-Fault Filing Path
You were in a vehicle in New YorkUsually file with the insurer covering the vehicle you were occupying at the time of the crash.
You were a pedestrian struck by a carCommonly file with the insurer of the vehicle that hit you (see: what happens when a driver hits a pedestrian).
You were hurt out of state while riding in someone else’s vehicleOften file through your own household auto policy first, depending on the facts and coverages.
You were on a bus and have auto coverage in your householdNo-fault benefits commonly come from your own policy or a household member’s policy.
No auto policy in your household and the other vehicle is uninsured or hit-and-runYou may need to use uninsured/underinsured coverage and/or file through MVAIC (Motor Vehicle Accident Indemnification Corporation), depending on eligibility.

Important: No-fault has strict notice rules. If you miss the written notice deadline, you’ll usually need a clear, documented reason for the delay. If you’re unsure who the correct no-fault insurer is, report the injury to your own insurer anyway and ask for guidance in writing.

What If You Require Medical Treatment?

If you need medical care, tell the provider it’s related to a motor vehicle accident and request that your bills be handled under auto coverage. Depending on the situation and your policy, your claim may involve no-fault/PIP and also medical payments coverage (MedPay), if you carry it.

  • Option 1: Pay out of pocket and submit itemized bills for reimbursement (keep receipts and medical notes).
  • Option 2: Authorize the provider to bill the no-fault insurer directly (you’ll still want copies of everything submitted).

Insurers commonly require “proof of claim” documentation before they pay. That can include medical notes supporting necessity, itemized bills, and wage verification if you’re claiming lost earnings. If payment is delayed or denied, you may be able to request no-fault arbitration.

Quick tip: Don’t fall for “insurance after the fact.” Backdating car insurance after an accident isn’t legitimate—focus on reporting promptly and documenting your expenses instead.

How To File A Physical Damage Claim For Your Vehicle

Vehicle repairs or replacement are handled under your physical damage coverages—typically collision and comprehensive—if you carry them. Your deductible and policy terms will control what you pay out of pocket.

Collision, Comprehensive, And Theft Claims

If your car is damaged in a crash and you have collision coverage, you can usually file under your own policy even if the other driver was at fault (your insurer may later pursue reimbursement through subrogation). If your vehicle is vandalized, damaged by weather, or stolen, those losses are typically handled under comprehensive coverage.

Make sure you ask about coverage for towing, storage, and transportation. Those benefits can be coverage-specific and may require prior authorization.

What New York Rules Commonly Require From Insurers

New York regulations set claim-handling standards for motor vehicle physical damage. In many cases, if the insurer wants to inspect before repairs, it must do so promptly, provide a written estimate, negotiate in good faith, and issue payment within regulated timeframes after settlement acceptance (assuming documentation is complete).

StepWhat You Should DoWhat To Expect
Inspection and estimateMake the vehicle available and provide photos/repair shop info.Insurer may inspect and provide an estimate; supplements can be added for hidden damage.
Repair shop choicePick a reputable shop you trust; confirm they can work with your insurer’s process.You generally have the right to choose your repair facility, even if the insurer recommends preferred shops.
Settlement and paymentReview the estimate for accuracy (parts, labor, paint, fees, deductible).Once you accept a settlement offer, payment is typically issued within a regulated window.
Total loss issuesGather title/loan info and maintenance records that support value.Settlement is usually based on actual cash value (ACV) less deductible; title and lienholder steps can affect timing.

Filing A Claim Against The Other Driver (Third-Party Claim)

You can also file a third-party claim with the other driver’s liability insurer for vehicle damage, rental/loss of use, and other covered losses. Even then, New York no-fault rules usually mean your injury-related “basic economic loss” is handled through your own no-fault coverage first. If liability is disputed or the other insurer is slow, many drivers choose to file collision/comprehensive with their own insurer and let subrogation happen behind the scenes.

What To Do If Your Claim Is Delayed Or Denied

  • Request the reason in writing: Ask what information is missing and what deadline applies.
  • Submit supporting documents: Photos, repair supplements, medical notes, wage verification, and receipts are common “proof” items.
  • Escalate internally: Ask for a supervisor review if you believe the adjuster missed something.
  • Use formal processes when appropriate: No-fault disputes may be eligible for arbitration (linked above). For broader issues, you can also file an insurance complaint with New York DFS: File a Complaint.

If you’re dealing with serious injuries, unclear coverage, or a disputed fault scenario, consider speaking with a qualified professional (claims advocate, attorney, or licensed insurance advisor) to protect your rights and avoid missed deadlines.

FAQs on Filing A Claim After An Accident

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