Last reviewed May 15, 2026 by Dr. Dao Yuan Han, Data Editor & Lead Analyst, Long Island Traffic. PhD Mathematics · Differential Geometry · 10,000+ NY Open Data crash records analyzed. Informational only — not legal advice.
New York is one of the most procedurally complex auto insurance environments in the United States. We are a no-fault state. We have a “serious injury” threshold for tort claims. We have layered insurance — PIP, liability, uninsured/underinsured motorist — that interacts in counterintuitive ways. We have deadlines as tight as 24 hours for some situations and as hard as 30 days for the foundational claim filing.
For a Long Island driver in the days after a crash, this complexity is the practical problem. Missing any deadline gives the insurer legitimate grounds to deny, delay, or underpay. This guide is the procedural walkthrough.
It complements our How to Handle a Car Accident on Long Island editorial (the at-the-scene sequence) and the Know Your Rights: Insurance Claims guide (the legal framework). This editorial focuses on what happens after you leave the scene and the paperwork begins.
At a Glance: The NY Insurance Claim Deadline Sheet
Day 0 — Day of Accident
- Notify your own insurer (most policies require “prompt notice”)
- Get to a doctor — same day or next morning
- File a police report or get a copy of one
Within 24 Hours
- Hit-and-run: file a police report within 24 hours (required for UM coverage) — see our hit-and-run rights guide
Within 10 Days
Within 30 Days
- File NF-2 No-Fault Application with your own auto insurer (Insurance Law §5103)
Within 90 Days
- File Notice of Claim against any municipal entity (cities, towns, MTA, etc.) under GML §50-e
30 Days — Insurer Deadline
- Insurer must pay or deny no-fault claims within 30 days of receiving full verification, per Insurance Law §5106. Overdue = 2% per month interest.
Statute of Limitations
- Personal injury lawsuit: 3 years (CPLR §214)
- Wrongful death: 2 years from death (EPTL §5-4.1)
- Property damage: 3 years
Step 1: Identify Which Claims You Need to File
Most Long Island accidents involve two parallel insurance tracks:
Track A: No-Fault (PIP) — Your Own Insurer
Pays for your medical bills, lost wages, and certain other economic losses regardless of who caused the accident. Standard PIP limit: $50,000 per person.
Track B: Liability or Property Damage — At-Fault Driver’s Insurer
Pays for vehicle damage and (if you cross the serious-injury threshold under Insurance Law §5102(d)) pain-and-suffering damages.
Track C: UM/SUM (Uninsured/Underinsured Motorist) — Your Own Insurer
Pays when the at-fault driver is uninsured, underinsured, or in a hit-and-run with physical contact. See our hit-and-run rights guide.
Track D: Collision and Comprehensive — Your Own Insurer
Optional coverages. Collision pays for your vehicle damage; comprehensive covers theft, vandalism, weather, animal strikes.
You may file in more than one track simultaneously. They are not mutually exclusive.
Step 2: File the MV-104 with NY DMV (Within 10 Days)
For any Long Island accident involving injury OR property damage over $1,000, you must file form MV-104 with the NY DMV within 10 days. This is required by VTL §605.
How to File
- Online at dmv.ny.gov
- By mail to NY DMV, Accident Records, P.O. Box 2912, Albany NY 12220-0912
Penalty for Late Filing
Driver’s license suspension. The form is one page; do not skip it.
Step 3: File the NF-2 No-Fault Application (Within 30 Days)
The single most important deadline in the New York auto insurance system.
What the NF-2 Covers
- Your demographic information
- A description of the accident
- A list of injuries
- Authorization for the insurer to obtain medical records
- A list of medical providers you have seen or plan to see
- Information about your employment, if claiming lost wages
How to Submit
- Use certified mail or your insurer’s official electronic portal for a date-stamped record
- Keep a copy
- If your insurer’s NF-2 is unavailable, NY DFS provides a generic version that every insurer must accept
Practical Tips
- Submit even if you are still gathering medical records — you can supplement later
- File once, not multiple times
- If you have an attorney, the attorney typically files this for you
Penalty for Missing the Deadline
Insurers can — and do — deny claims for late filing under 11 NYCRR §65-1.1. There are extension provisions for “good cause,” but they are narrowly applied. Treat 30 days as absolute.
Step 4: Get to a Doctor and Stay Treating
The PIP claim depends on the medical record. The insurer compares the dates and severity of treatment to the injuries claimed in the NF-2.
Long Island Trauma Centers
For serious injuries, the choice of hospital matters:
| Hospital | Trauma Level | Town |
|---|---|---|
| North Shore University Hospital | Level 1 | Manhasset |
| Stony Brook University Hospital | Level 1 | Stony Brook |
| Long Island Jewish Medical Center | Level 1 adjacent | New Hyde Park |
| Nassau University Medical Center | Level 2 | East Meadow |
| Good Samaritan Hospital Medical Center | Level 2 | West Islip |
| Peconic Bay Medical Center | Level 3 | Riverhead |
For pediatric trauma: Cohen Children’s Medical Center (New Hyde Park) and Stony Brook Children’s.
Why Same-Day Treatment Matters
- Insurance Law §5103 requires injury treatment records to support a PIP claim. Without an early medical visit, the insurer has strong grounds to argue your injuries were not accident-related.
- The 30-day NF-2 clock starts immediately. Missing the medical timeline gives the insurer leverage even when your filing is on time.
Why Treatment Gaps Hurt Your Claim
Gaps of more than 30 days are red flags for the insurer. They use gaps to argue:
- Your injuries were minor
- You have already recovered
- The treatment was not medically necessary
If you stop treating because you genuinely feel better, document that with your provider. If you stop because of scheduling, transportation, or insurance complications, document the reason in writing.
Step 5: Watch for the IME (Independent Medical Examination)
Your insurer is allowed to require you to attend a medical examination by a doctor they choose. Rules under 11 NYCRR §65-3.5:
- At least 10 days’ notice (often more)
- Reasonable place and time
- You can request a translator if needed
- The IME doctor is paid by the insurer
Missing the IME
Without notifying the insurer, missing an IME is grounds for benefit suspension or termination. Do not skip an IME without coordination.
If the IME Cuts Off Benefits
If the IME doctor concludes that further treatment is not medically necessary, the insurer can cut off benefits going forward. You can contest this through no-fault arbitration through the American Arbitration Association, which is the binding dispute-resolution forum for NY no-fault disputes (11 NYCRR §65-4.5).
Step 6: Document the Property Damage Claim
Your vehicle damage is a separate claim track.
The Sequence
- Report the damage — your own insurer (if you have collision) or the at-fault driver’s insurer (for property damage liability)
- Get an estimate — insurer assigns an adjuster; you can use any licensed body shop in NY
- Authorize repairs — you are not required to use the insurer’s preferred shop
- Total loss vs. repair — if cost to repair > approx. 75% of actual cash value, insurer typically declares a total loss
Total Loss Valuation
Based on comparable market sales, not Kelley Blue Book or the insurer’s internal “tool.” If the offered total-loss value seems low, challenge it with comparable listings.
Rental Coverage During Repairs
Both your collision policy and the at-fault driver’s liability policy may cover rental. Read your policy for daily and total limits.
Step 7: Track Lost Wages
If you missed work, you can claim lost wages through PIP. Standard wage benefit: 80% of lost gross earnings, up to $2,000 per month, for up to three years from the accident.
Documents Needed
- Verification of wages (form NF-6) from your employer
- Doctor’s note specifying days you were medically unable to work
- Submit with your PIP claim
If your monthly wages exceed the $2,000 PIP cap, the difference can sometimes be recovered as part of a liability claim — but only if your injuries meet the serious-injury threshold.
Step 8: The Serious Injury Threshold
You cannot sue the at-fault driver for pain and suffering in NY unless your injuries meet the serious injury threshold under Insurance Law §5102(d):
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use
- Significant limitation of use of a body function or system
- The 90/180 rule — medically determined non-permanent injury preventing usual daily activities for 90 of the 180 days following the accident
What Determines Threshold Crossing
Documentation. Treatment records, diagnostic imaging (MRI, CT), and consistent provider notes are the foundation. Without thorough documentation, even genuinely serious injuries can fail the threshold.
Our Know Your Rights: Car Accidents guide explains the threshold in depth. For case-specific evaluation of whether your injuries clear the §5102(d) bar, Long Island personal injury attorneys can review your records and outline whether a liability claim is supportable in addition to PIP.
Step 9: What to Do If a Claim Is Denied
Common Denial Reasons
| Reason | Appealable? |
|---|---|
| Late filing of NF-2 | Sometimes, for “good cause” |
| IME conclusion | Yes — through arbitration |
| Failure to attend IME | Sometimes, if good cause |
| Disputed accident causation | Yes — additional evidence required |
| Disputed medical necessity | Yes — through arbitration with supporting records |
How No-Fault Arbitration Works
- Filed through the American Arbitration Association
- Decided on paper submissions in most cases
- Faster and cheaper than litigation
- Binding decision
When You Need to File a Lawsuit
If your liability claim is denied or significantly underpaid, the next step is typically a lawsuit in NY State Supreme Court for the county where the accident occurred:
- Nassau accidents: Nassau County Supreme Court (Mineola)
- Suffolk accidents: Suffolk County Supreme Court (Riverhead)
This is where you typically need a lawyer. For denied no-fault claims specifically, an experienced no-fault insurance lawyer can identify the procedural defects that make most denials reversible on arbitration — missed insurer deadlines, defective IME reports, and improper verification requests.
Step 10: Be Strategic About Settlement Offers
Insurers often offer early settlements. They tend to be lower than the eventual value because:
- The full extent of injuries is not yet known
- Treatment is not complete
- Wage loss is ongoing
- Future medical needs are not yet documented
Once you sign a release, the case is closed. You cannot reopen it if your injuries worsen or new conditions are diagnosed.
Practical Rules
- Do not settle before maximum medical improvement (MMI) — the point at which further treatment will not significantly improve your condition
- Do not settle without knowing the full available coverage limits
- Do not settle without considering future medical costs
- Consider consulting an attorney before signing any release — most NY personal injury attorneys work on contingent fee and offer free consultations
Long Island-Specific Issues
Parkway vs. Highway Jurisdiction
Accidents on Long Island parkways (Southern State, Northern State, Wantagh, Meadowbrook, Sagtikos) and on the LIE are usually under New York State Police jurisdiction. Requesting a State Police report uses form MV-198C.
Town and Village Police
In Nassau and Suffolk villages with their own police departments (Garden City, Old Brookville, Westhampton Beach, etc.), the local PD may be the responding agency on village streets. Their reports must be requested directly from the village.
Uninsured Motorist Risk
New York has a higher-than-average rate of uninsured drivers. Your UM/SUM coverage is one of the most important coverages on your policy. The minimum is $25,000 / $50,000 — same as the minimum liability requirement, which has not been updated since 1974. Most attorneys recommend at least $250,000 / $500,000 in UM/SUM for any Long Island driver who can afford it.
Municipal Claims (90-Day Deadline)
If the responsible party is a municipal entity (NYS DOT, Nassau County, Suffolk County, MTA/LIRR, NYC), you must file a Notice of Claim within 90 days under GML §50-e. Missing this deadline almost always destroys the claim.
Common Mistakes That Cost the Most Claims the Most Money
- Apologizing or admitting fault at the scene
- Skipping medical evaluation because “I feel fine”
- Giving a recorded statement to the other driver’s insurer
- Posting about the accident on social media — insurers monitor public posts
- Accepting a quick settlement before you know the full extent of injuries
- Missing the 30-day NF-2 deadline
- Missing the 10-day MV-104 deadline
- Letting treatment gaps open of more than 30 days
- Treating without documenting the crash connection — every visit should reference the MVA date
- Missing the 90-day notice of claim when a municipal entity is involved
Tools You Can Use Right Now
- Long Island Traffic homepage map — see what is happening on the road where you were
- Construction directory — verify whether work zones contributed to your crash
- Road profiles — get the structural context for the road you were on
- Accident archive and analysis hub — see the patterns in similar incidents
FAQ: Long Island Insurance Claims
What if I cannot afford a lawyer? NY personal injury attorneys work on contingent fee — no fee unless you recover. Initial consultations are free. There is no financial barrier to consulting one.
What is the difference between PIP and liability? PIP (Personal Injury Protection) pays your own medical bills and lost wages regardless of fault, under Insurance Law §5103. Liability pays the other party for pain and suffering and damages above PIP. You can pursue both simultaneously.
What if my health insurance pays for my treatment instead of no-fault? PIP is primary in NY for accident-related medical care. If your health insurer pays initially, they typically have a lien against any settlement. Coordinate with your attorney to ensure PIP is billed first.
Can I file a claim against my own insurer if the other driver was at fault? Yes. PIP is your own carrier regardless of fault. Collision (if you carry it) is also your own carrier. UM/SUM is your own carrier when the at-fault driver is uninsured or underinsured.
How long does a typical Long Island injury claim take? PIP claims: 30 days under Insurance Law §5106 once full verification is submitted. Liability claims: 6 months to 3 years, depending on whether litigation is required. Treatment until MMI typically determines settlement timing.
Can I switch attorneys mid-claim? Yes. Your case file follows you. The fee structure typically does not change because contingent fees come out of the eventual recovery, not from you directly.
Does NY no-fault cover passengers in my car? Yes. PIP covers all occupants of the insured vehicle regardless of who owns the car or who was driving. A passenger files a claim against the vehicle’s PIP coverage, not their own.
What happens if both drivers are partly at fault? NY currently follows pure comparative negligence (CPLR §1411). Your recovery is reduced by your percentage of fault — even if you are 70% at fault, you can still recover 30% of damages from the other party. Note that pending tort-reform proposals would replace this with a 50% bar that completely eliminates recovery for plaintiffs found majority-responsible; see JTNY Law’s analysis of New York’s comparative-negligence status for worked examples and the current legislative posture.
What if I was hit by an uninsured driver? File a UM/SUM claim with your own insurer. NY requires every auto policy to include UM coverage at the same limits as the minimum liability requirement ($25,000 / $50,000). Most drivers should carry significantly more.
What if I was hit by a vehicle in an accident I caused or that the police think I caused? PIP still covers your medical bills regardless of fault. The at-fault determination affects only liability claims (the other party’s claim against you).
Can I file a claim if the crash happened more than a year ago? Possibly. PIP filing windows are short (30 days). Liability claim statute of limitations is 3 years in NY. Older claims become harder because evidence degrades and witnesses move. Consult a lawyer immediately.
Are there special rules for crashes involving trucks? Yes. Federal Motor Carrier Safety Regulations apply, evidence preservation rules are stricter, and commercial insurance policies have higher limits. See our Know Your Rights: Truck Accidents guide.
Are there special rules for pedestrian or cyclist accidents? Yes. NY courts treat pedestrian crashes with heightened scrutiny of driver responsibility, and the PIP coverage applies to pedestrians struck by vehicles. See our Know Your Rights: Pedestrian Accidents guide.
What about MTA / LIRR claims? Different procedures. Notice of Claim within 90 days. Statute of limitations 1 year and 90 days. See Public Authorities Law §1276. Contact an attorney immediately.
Authority and Sources
- NY Insurance Law §5103 — no-fault PIP benefits
- NY Insurance Law §5102(d) — serious injury threshold
- NY Insurance Law §5106 — insurer deadlines, overdue interest
- NY VTL §605 — MV-104 reporting requirement
- 11 NYCRR §65 — no-fault regulations
- NY DMV — Accidents — official reporting guidance
- American Arbitration Association — No-Fault — binding arbitration forum
- NY Department of Financial Services — insurance regulator
- CPLR §214 — three-year statute of limitations for personal injury
- GML §50-e — 90-day notice of claim for municipal entities
Related Long Island Traffic Coverage
- How to Handle a Car Accident on Long Island
- Know Your Rights: Insurance Claims
- Know Your Rights: Car Accidents
- Know Your Rights: Hit-and-Run
- Know Your Rights: Pedestrian Accidents
- Know Your Rights: Truck Accidents
- Long Island Traffic Services: Road Assistance Providers
- Best Vehicle Safety Features for Long Island Roads
- Long Island’s Most Dangerous Roads
Dr. Dao Yuan Han is the Data Editor & Lead Analyst at Long Island Traffic. This editorial is informational only and not legal advice. For your specific situation, consult a licensed New York attorney — the Law Office of Jason Tenenbaum, P.C. offers a free case evaluation for Long Island accident victims, with no fee unless you recover.