US-New York

How long do I have to file a no-fault insurance claim after an accident?

30 days
Filing deadline
$50,000
Max no-fault benefit
48 hours
Notice to insurer
180 days
Medical proof deadline
The Short Answer

You must file a no-fault insurance claim within 30 days of the accident in New York.

What the Law Says

New York’s No-Fault Insurance Law sets strict deadlines for filing claims and submitting required documentation. Missing these deadlines can result in denial of benefits—even if the injury is serious.

Under New York law, you must notify your no-fault insurer of the accident within 30 days to preserve your right to benefits. This is not just a recommendation—it’s a legal requirement.

You must also submit written proof of claim (including medical records, bills, and wage statements) within 180 days of the date services were rendered—or risk losing reimbursement for those services.

No-fault benefits cover up to $50,000 per person for medical expenses, lost wages (80% up to $2,000/month), and other reasonable expenses—subject to timely compliance with all statutory deadlines.

Statutory Text

The owner or operator of a motor vehicle… shall, within thirty days after the accident, give notice thereof to the insurer.

N.Y. Ins. Law § 5103(a)(1) — Notice of claim
Statutory Text

Written proof of such loss shall be furnished to the insurer within one hundred eighty days after the date of the loss.

N.Y. Ins. Law § 5103(a)(2) — Proof of claim

What Courts Have Said

New York courts consistently enforce the 30-day notice and 180-day proof-of-loss deadlines strictly—even when delays are minor or unintentional.

Prudential Property & Cas. Ins. Co. v. Kolodziej
Appellate Division, Second Department · 2001

Claim denied because notice was filed 33 days post-accident; court held the 30-day rule is mandatory, not directory.

Allstate Ins. Co. v. Soto
Court of Appeals of New York · 2017

Insurer properly denied benefits where proof of medical treatment was submitted 182 days after service—not within the 180-day statutory window.

What to Do

1

Notify your insurer by phone or online within 48 hours—and follow up in writing within 30 days.

2

Submit all medical bills, treatment records, and wage verification to your insurer within 180 days of each service or loss.

3

Keep copies of every notice, letter, email, and receipt related to your claim.

4

If your claim is denied for late filing, consult a lawyer immediately—you may still have limited options, including seeking a waiver based on 'reasonable justification' (though courts rarely grant it).

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.