Hurt in a Car Accident in New York? The 30-Day No-Fault Notice

Quick answer: If you were hurt in a car accident in New York, the no-fault regulation (11 NYCRR 65-1.1) says written notice of the accident must reach the insurer within 30 days. Written proof of claim for health services is due within 45 days after the services are given.

Basic economic loss is capped at $50,000 per person per accident. If you were hurt in a crash in Midtown Manhattan, put those dates in your phone today.

This article explains what the regulation says. It is not legal advice, and we can’t tell you how your own claim will be handled.

What is New York no-fault coverage?

New York requires auto policies to include a mandatory personal injury protection endorsement. Its text is in the state’s insurance regulations at 11 NYCRR 65-1.1.

The endorsement covers what it calls basic economic loss: medical expense, work loss, other expense and, when death occurs, a death benefit.

What is the 30-day notice rule?

The regulation says that after an accident, written notice must be given to the insurer by, or on behalf of, each eligible injured person.

The notice must include details sufficient to identify the injured person, plus reasonably obtainable information about the time, place and circumstances of the accident.

It must be given “as soon as reasonably practicable, but in no event more than 30 days after the date of the accident.”

The one exception in the text: you submit written proof giving a clear and reasonable justification for missing the time limit.

What is the 45-day proof of claim for health services?

Notice of the accident is one step. Claims for the care you receive are another.

For health service expenses, the regulation says written proof of claim must be submitted, with full particulars of the injuries and the treatment received and contemplated. It is due as soon as reasonably practicable, and no later than 45 days after the date the services are rendered.

The same written-justification exception applies.

What deadlines does the regulation set?

Step	What the regulation requires	Time limit
Notice of the accident	Written notice identifying the injured person, with the time, place and circumstances	No more than 30 days after the accident
Proof of claim, health services	Written proof with full particulars of the injuries and treatment	No later than 45 days after the services are rendered
Proof of claim, work loss and other expenses	Written proof of claim	No later than 90 days after the loss is incurred or the services are rendered
Basic economic loss limit	Medical expense, work loss and other expense combined	$50,000 per person, per accident (death benefit is separate)

Each limit is subject to the regulation’s exception for a written, clear and reasonable justification.

How much does basic no-fault coverage pay?

The regulation says basic economic loss of each eligible injured person on account of any single accident “shall not exceed $50,000,” with any death benefit in addition.

The same section also mentions Optional Basic Economic Loss (OBEL) coverage, which raises that limit to $75,000 when it is purchased. Whether your policy has it is a question for your insurer.

What should you keep track of after a crash?

A simple record helps you meet the deadlines and helps any provider you see. Write down:

• The date, time and place of the accident.
• Your insurer, your policy number and any claim number you are given.
• The date you sent written notice, and how you sent it.
• The dates of every medical or chiropractic visit.
• When each symptom started and whether it is getting better or worse.

Keep copies of everything you send in writing.

Does no-fault decide where you get care?

The regulation sets deadlines and limits for claims. It does not tell you which provider to see.

If you are hurt, get emergency care first when you need it. Call 911 for a head injury, loss of consciousness, severe pain, numbness or weakness, or trouble breathing.

Once an emergency has been ruled out, neck and back pain after a crash are common reasons to see a chiropractor. Read about whiplash and neck pain after a crash.

What if you were hurt at work, not in a car?

Workers’ compensation has its own rules and deadlines. See hurt at work in New York: what to do first and our work injury care page.

Who answers questions about your claim?

Your insurer can tell you what your policy includes and where to send notice and proof of claim.

For legal questions about a claim or a lawsuit, talk to an attorney. This site does not give legal advice, and Nexus Spinal Care can’t tell you how a claim will turn out.

Ask the office about payment before your visit by calling (302) 590-8218.

Why choose Nexus Spinal Care for car accident care in Midtown Manhattan?

Nexus Spinal Care sees car accident patients at 211 East 43rd Street, Suite 741, in Midtown Manhattan. Visits are with Dr. Jean V. Laine, D.C., who speaks English, Creole, French and Spanish.

The office also offers chiropractic care, massage therapy and acupuncture.

Call (302) 590-8218 or see how to reach the office. Tell us you were in a car accident and when it happened.