How to File a Car Insurance Claim in New York: Complete Guide (2026)

# How to File a Car Insurance Claim in New York

> **KEY TAKEAWAYS:**
> – NY is a **no-fault state** — file PIP with YOUR OWN insurer for medical/lost wages
> – PIP covers up to **$50,000** regardless of fault
> – **Property damage** is fault-based — file with the at-fault driver’s insurer
> – To sue for pain/suffering, your injury must meet the **”serious injury” threshold**
> – File **MV-104** with DMV within 10 days

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## Understanding New York’s Two-Track System

New York uses a two-track system:

**Track 1 — No-Fault (PIP):** For medical bills and lost wages. File with your own insurer. No fault determination needed.

**Track 2 — Fault-Based:** For property damage and (if injury is “serious”) pain and suffering. File with the at-fault driver’s insurer.

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## Track 1: Filing Your PIP Claim

### Step 1 — Notify Your Insurer Immediately
Contact your own insurance company. Most policies require notification within 30 days of the accident.

### Step 2 — Complete the NF-2 (No-Fault Application)
Your insurer will provide the **NF-2 form** (Application for Motor Vehicle No-Fault Benefits). This is the formal PIP claim application.

### Step 3 — Submit Medical Documentation
– Authorization for medical records (NF-3 form)
– All medical bills and records
– Verification of treatment (NF-3 through NF-6 forms)

### Step 4 — Lost Wage Documentation
If claiming lost wages (up to $2,000/month):
– Employer verification letter
– Pay stubs or tax returns
– Doctor’s note confirming inability to work

### PIP Coverage Details

| Benefit | Coverage |
|———|———-|
| Medical expenses | Up to $50,000 |
| Lost earnings | Up to $2,000/month |
| Other expenses | Reasonable and necessary |
| Funeral | $2,000 |

PIP pays within **30 days** of receiving proof of claim. If your insurer fails to pay or deny within 30 days, you may be entitled to interest.

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## Track 2: Fault-Based Claims

### Property Damage
File with the at-fault driver’s insurer for vehicle repairs. This works like any fault state:
1. Contact the at-fault driver’s insurance
2. Provide accident details and documentation
3. Work with their adjuster for damage assessment
4. Negotiate settlement

### Pain and Suffering (Only If “Serious Injury”)
If your injury meets NY Insurance Law § 5102(d) — fracture, permanent injury, significant limitation, etc. — you can file a liability claim against the at-fault driver for:
– Pain and suffering
– Loss of consortium
– Medical expenses exceeding PIP
– Other non-economic damages

Pure comparative negligence applies — you can recover even if partly at fault.

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## Filing the MV-104

File **MV-104** with the NY DMV within **10 days** if:
– Property damage exceeds $1,001
– Anyone was injured or killed

**Government entity claims:** File a **Notice of Claim within 90 days** for NYC, MTA, or state vehicles.

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## Common Issues

### PIP Claim Denied
– Review the denial reason
– Provide additional medical documentation
– File for **no-fault arbitration** through the American Arbitration Association
– Contact the **NY Department of Financial Services** (DFS)

### Serious Injury Dispute
If the insurer argues your injury does not meet the threshold:
– Get detailed medical documentation of permanence or significance
– Consider an Independent Medical Examination (IME)
– Legal consultation may be valuable for threshold disputes

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## Frequently Asked Questions

### How long does a NY PIP claim take?
Insurers must pay or deny within **30 days** of receiving completed proof of claim.

### What if my medical bills exceed $50,000?
PIP covers up to $50,000. Beyond that, you can pursue the at-fault driver’s insurance if your injury is “serious,” or use your health insurance.

### Do I need a lawyer for a PIP claim?
Simple PIP claims can often be handled without an attorney. If your PIP claim is denied or your injury meets the serious injury threshold, consultation may be valuable.

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## Related Guides

– [What to Do After a Car Accident in New York](/new-york/car-accident-guide/)
– [Do You Need a Lawyer After a Car Accident in New York?](/new-york/do-i-need-a-lawyer/)
– [New York Car Accident Laws](/new-york/car-accident-laws/)

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**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. Insurance requirements and coverage options vary. Contact your insurance provider or a licensed insurance agent for information specific to your policy. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: March 2026.