New York’s car accident claims process can be confusing because it involves both no-fault insurance and, in some cases, a separate claim against the person who caused the crash.
If you have been injured in a car accident in Buffalo or elsewhere in the state, understanding how these two parts of the system work can help you avoid mistakes and protect your rights.
At Feroleto Law, we help car accident victims navigate the process from the first insurance filings through settlement negotiations and, when necessary, trial. You shouldn’t have to become an expert in New York insurance law while recovering from an injury.
In general, here’s how a car accident claim works. Your best course of action begins before you even start filing.
Step 1: Report the Accident and Seek Medical Care
No matter what, your health should come first after a crash.
Even if you don’t think you are seriously injured, consider seeing your doctor or an urgent care center promptly. Injuries such as concussions, neck injuries, and back injuries might not be fully clear immediately after an accident.
You should also report the collision appropriately.
The New York State Department of Motor Vehicles requires a driver to file an MV-104 accident report within 10 days when a crash occurring in New York results in a death, personal injury, or more than $1,000 in damage to the property of any one person.
Reporting the accident to your insurance company is separate from filing the DMV report. Completing one does not necessarily satisfy the other requirement.
You should also be preserving evidence of your accident. This can include photographs, witness information, police reports, vehicle damage, surveillance footage, and other evidence that may become important when determining who caused the accident.
Step 2: Open Your New York No-Fault Claim
One of the first things many New York car accident victims find confusing is that the driver who caused the crash won’t necessarily pay their initial medical bills. That’s because New York uses a no-fault insurance system, also called Personal Injury Protection (PIP).
Under New York’s no-fault system, qualifying accident victims generally receive certain economic benefits regardless of who caused the collision.
According to the New York State Department of Financial Services, basic no-fault coverage provides up to $50,000 per person for qualifying economic losses.
Those benefits can include reasonable and necessary accident-related medical and rehabilitation expenses, 80% of lost earnings up to $2,000 per month for as long as three years, and up to $25 per day for certain other reasonable and necessary expenses for up to one year.
No-fault insurance won’t compensate you for pain and suffering, but it also doesn’t automatically resolve your entire personal injury case.
Step 3: File the No-Fault Application on Time
The Department of Financial Services states that written notice of a no-fault claim generally must be submitted to the appropriate insurer within 30 days of the accident, unless the injured person can provide clear and reasonable justification for filing late.
Normally, the no-fault claim is filed with the insurer covering the vehicle you occupied. If you were a pedestrian, it is generally filed with the insurance company for the vehicle that struck you.
The insurer may send you an NF-2 Application for Motor Vehicle No-Fault Benefits.
But don’t assume that because the insurer knows about the crash, every required form has automatically been submitted. No-fault claims can also create additional paperwork involving medical bills, lost wages, and other expenses. Healthcare bills generally need to be submitted promptly under the applicable insurance rules. Missing these deadlines can create unnecessary disputes about benefits.
Step 4: Your Lawyer Investigates the Accident to Determine Potential Fault
No-fault benefits are paid without first deciding who caused the crash. But fault becomes extremely important if you intend to pursue compensation from another driver.
Your New York car accident lawyer may investigate evidence including the police report, witness statements, photographs, vehicle damage, traffic camera or surveillance footage, cellphone records, and other information.
The purpose is to determine whether another driver acted negligently. Examples could include speeding, following too closely, running a red light, failing to yield, making an unsafe lane change, driving while distracted, or driving while impaired.
Sometimes responsibility is straightforward, while other crashes require accident reconstruction or more extensive investigation.
This stage can also reveal whether more than one person contributed to the accident.
New York’s Fault Rules Can Affect Your Recovery
Fault is particularly important because New York changed its comparative negligence rules for motor vehicle personal injury cases in 2026.
Under current New York CPLR §1411, a claimant in a motor vehicle personal injury action subject to New York’s no-fault law can be barred from recovery if the claimant’s share of culpable conduct is greater than that of the person—or combined persons—from whom recovery is sought.
In other words, if you are found to be more than 50% at fault for a car crash, you might not be eligible for certain forms of compensation.
If the injured person is not barred, the compensation otherwise available can still be reduced according to the percentage of fault assigned to that person.
This makes evidence concerning fault especially important. An insurance company has a financial incentive to argue that you caused more of the accident than you did. An experienced New York car accident lawyer can investigate the evidence and challenge attempts to unfairly shift responsibility onto you.
Step 5: Determine Whether You Can Pursue a Personal Injury Claim Against the At-Fault Driver
Receiving no-fault benefits does not prevent you from bringing a personal injury claim against the person who caused your accident. But New York places limits on when an injured person can recover compensation for non-economic losses, such as pain and suffering.
Under New York Insurance Law §5104, a covered person generally must have sustained a serious injury to recover non-economic damages from another covered person.
New York’s current definition of serious injury includes injuries resulting in:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
The serious injury requirement is one of the reasons early and extensive medical documentation can become so important. An insurer may acknowledge that an accident occurred but argue that your injuries do not meet New York’s legal threshold. Medical records, diagnostic testing, physician opinions, and evidence showing how the injury has affected your ability to function can all become important.
Step 6: Your Lawyer Evaluates the Full Value of Your Losses
A fair car accident claim should not be based only on the medical bills sitting on your kitchen table today. Your car accident lawyer needs to understand what the accident may cost you over time.
Depending on your injuries, compensation in a liability claim may account for medical costs not covered by no-fault, future treatment, lost earnings, reduced future earning ability, and other economic losses.
If the serious injury requirement is met, damages may also include pain and suffering and other non-economic losses.
Accepting a settlement before the full consequences of your injuries are understood could leave you responsible for future costs.
RELATED: What Should I Do if an Insurance Adjuster Calls After a Car Accident?
Step 7: A Settlement Demand May Be Made to the At-Fault Driver’s Insurer
Once your injuries and damages can be reasonably evaluated, your attorney may present a claim to the at-fault driver’s liability insurer.
New York requires drivers to maintain minimum liability insurance. The Department of Financial Services currently identifies minimum bodily injury liability coverage of $25,000 for injury to one person and $50,000 for injuries to two or more people in a single accident, along with $10,000 in property-damage liability coverage. Many drivers carry higher limits.
A settlement demand may present evidence concerning liability, your injuries, medical treatment, lost income, and the other ways the accident has affected your life.
The insurance company may accept the demand, reject it, dispute parts of the claim, or make a counteroffer.
Negotiations can continue for some time. You are not required to accept an offer simply because an insurance company calls it its “final” or “best” offer.
What Happens If the Other Driver Doesn’t Have Enough Insurance?
Serious injuries can easily exceed New York’s minimum insurance limits.
If the driver who caused your crash has no insurance or doesn’t carry enough insurance to adequately compensate you, your own policy may become important.
New York requires uninsured motorist coverage, and drivers can also purchase Supplementary Uninsured/Underinsured Motorist coverage, commonly known as SUM coverage.
SUM coverage can provide additional protection when the responsible vehicle’s bodily-injury insurance limits are lower than the SUM limits available through your policy.
Step 8: A Lawsuit May Be Filed If the Claim Cannot Be Settled Fairly
Many car accident cases settle without going to trial. But filing a lawsuit might become necessary when settlement negotiations are unsuccessful.
Under New York CPLR §214, personal injury lawsuits such as these are generally subject to a three-year statute of limitations. Important exceptions can apply, however, including cases involving government entities and other special circumstances.
There is a major difference between the deadline for filing a no-fault claim and the statute of limitations for a personal injury lawsuit. You should not confuse the 30-day no-fault notice requirement with the time available to commence litigation.
RELATED: Can You Sue Your Own Insurance Company After a Truck or Car Accident?
What Happens After a Car Accident Lawsuit Is Filed?
Filing a lawsuit doesn’t mean your case will immediately go before a jury. Litigation begins a longer process.
The defendant first responds to the lawsuit and the parties then move into discovery, where both sides obtain information and evidence relevant to the case.
Discovery can include medical records, written questions, document requests, and depositions, during which witnesses and parties answer questions under oath. The defense may also seek an independent medical examination under applicable court rules.
Settlement discussions frequently continue throughout this process. In fact, some cases that could not be settled before litigation resolve after depositions or after additional evidence makes the strengths and weaknesses of each side’s position clearer.
If the parties still cannot agree, the case can ultimately proceed to trial.
Why Having a New York Car Accident Lawyer Can Make the Process Easier
Car accident claims involve much more than filling out an insurance form. You may be dealing simultaneously with no-fault benefits, the other driver’s liability insurer, medical providers, lost-income documentation, property damage, uninsured or underinsured motorist coverage, and deadlines for a potential lawsuit.
Meanwhile, the insurance companies have claims professionals and attorneys protecting their interests.
At Feroleto Law, we can take over the legal and insurance process while you focus on your health.
We investigate the accident, preserve evidence, communicate with insurers, evaluate your losses, work with medical and other experts when necessary, negotiate for a fair settlement, and prepare the case for trial if the insurance company refuses to treat you fairly.
If you have been injured in a car accident in Buffalo or elsewhere in Western New York, contact Feroleto Law for a free consultation. The earlier we become involved, the sooner we can begin protecting your rights and preserving the evidence your claim may require.
Frequently Asked Questions About New York Car Accident Claims
Do I file my car accident injury claim with my insurance company or the other driver’s?
Usually, both insurers may become involved for different reasons. Your initial no-fault claim for qualifying medical expenses and lost income is generally filed with the insurer covering the vehicle you occupied, while a separate bodily injury claim may be brought against the at-fault driver’s liability insurance when New York law permits it.
How long do I have to file a no-fault claim in New York?
New York generally requires written notice of a no-fault claim within 30 days after the accident, unless there is clear and reasonable justification for the delay. This is much shorter than the general three-year statute of limitations applicable to many personal injury lawsuits, so you should address insurance filings promptly.
Can I recover pain and suffering after a New York car accident?
Potentially. New York Insurance Law generally requires a covered accident victim to establish a legally defined “serious injury” before recovering non-economic damages such as pain and suffering from another covered person. Whether an injury meets that standard depends on the medical evidence and circumstances of the individual case.
What happens if I was partly responsible for the crash?
Under New York’s current rules for motor vehicle injury cases, your percentage of responsibility can reduce your compensation and, if your culpable conduct exceeds that of the person or combined persons you are pursuing, may bar recovery. Because fault now has especially significant consequences, preserving and investigating evidence can be critical.
How long does a car accident claim take?
There is no standard timeline. A relatively straightforward claim may settle after treatment and investigation, while a case involving disputed fault, serious injuries, multiple defendants, or litigation can take substantially longer. A lawyer should balance the desire for a timely resolution against the risk of settling before the full extent of your injuries and future needs are known.
