Car Insurance FAQ

At Foley Griffin, we have represented numerous clients in car accident cases throughout the years. One of the most common topics our Nassau County car accident attorneys are asked about is car insurance. Many people wonder what their insurance covers, how they should handle a claim, and what steps they should take to make sure they aren’t charged higher rates in the future.

I’ve Been in an Accident That Wasn’t My Fault. Who Should I File My Property Damage Claim With?

Even if you believe the accident wasn’t your fault, deciding where to file your property damage claim can be complicated. If you have collision coverage, filing through your own insurance company may be a practical option. Here are three reasons to consider:

1. Fault may not be clear-cut. The drivers involved may disagree about what happened, and responsibility depends on the specific circumstances. For example, determining who is responsible when a vehicle door is struck requires examining how the incident occurred.
2. The other driver may dispute the accident. The other driver or their insurer may challenge your account of the collision. A police report, photographs, witness statements, and other evidence can help support your claim.
3. Your insurer may handle recovery for you. If your insurer pays for covered damage, it may pursue reimbursement from the responsible party or their insurer through a process called subrogation. Depending on the circumstances, you may also recover some or all of your deductible.

Before filing, review your policy, deductible, and coverage options. You may also file a property damage claim with the at-fault driver’s insurer, although that insurer may investigate liability before agreeing to pay.

My car is in the autobody shop and the insurance company hasn’t inspected the car yet. Will I have to pay for the storage?

Generally, the insurance company will pay the storage fees. That is why it is in their best interest to see the car as soon as possible. However, please note that if the car is still working (you can drive it), they will not pay storage fees.

What Is No-Fault Accident Insurance in New York?

New York no-fault accident insurance, also called Personal Injury Protection (PIP), helps cover certain expenses after a car accident, regardless of who caused the crash. Eligible individuals can receive up to $50,000 per person in basic no-fault benefits, including medical expenses, a portion of lost earnings, and other necessary costs. No-fault insurance does not cover pain and suffering.

What Does New York No-Fault Insurance Cover?

Benefit	Coverage
Medical expenses	Reasonable and necessary medical expenses related to the accident, subject to applicable limits and rules.
Lost earnings	80% of lost earnings, up to $2,000 per month for up to three years.
Other necessary expenses	Up to $25 per day for up to one year for qualifying expenses.
Death benefit	An additional $2,000 death benefit may be available to eligible survivors.

Important New York No-Fault Insurance Deadlines

• 30 days: Submit written notice of the accident to the applicable no-fault insurer, generally within 30 days of the accident.
• 90 days: Medical providers generally must submit no-fault medical expense claims within 45 days of the date of service, while certain other providers have 90 days. The applicable deadline depends on the type of claim.
• 45 days: Healthcare providers generally must submit bills within 45 days of the date treatment was provided.

Missing a deadline may affect your ability to receive benefits, although exceptions can apply in certain circumstances. Keep copies of accident reports, medical records, bills, and correspondence with the insurer.

How long do I have to file a no-fault claim in New York?

You must file a no-fault application with the insurance carrier within 30 days of the accident. Proof of lost wages is generally due within 90 days, and medical providers generally have 45 days from the date of service to bill. Missing the 30-day deadline can let the insurer deny benefits, so file quickly.

Does No-Fault Insurance Pay Lost Wages if I Work Off the Books?

Generally, no. No-fault lost-wage benefits require documented proof of earnings, such as employer verification, and off-the-books income is typically undocumented. You may still receive no-fault medical benefits. Talk to an attorney about whether other records can support a lost-income claim in a lawsuit.

Will no-fault insurance pay my lost wages?

Unfortunately, no.

Will my insurance rates go up if I wasn’t at fault?

No. If you were not at fault, New York generally does not allow your insurer to surcharge you for the accident, and no-fault benefits you receive are non-chargeable. Your premium can still change for unrelated reasons, such as a statewide rate increase.

Should I file a property damage claim with my insurer or the other driver’s?

Generally, file through your own insurer if you carry collision coverage. Fault is often shared, the other driver may later deny the accident happened, and your insurer can pursue recovery from the other side’s carrier more efficiently than you can. Note that no-fault does not pay for vehicle repairs.

If I sue the driver responsible for my accident, will I have to pay no-fault back?

The short answer?

No. Basic no-fault benefits (the first $50,000) generally don’t have to be repaid if you later win a lawsuit.

The long answer?

No, but no-fault states limit when an injured person can sue the at-fault driver. Generally, a lawsuit for pain and suffering is permitted only when the injury meets the state’s legal threshold. The requirements vary by state, making it important to understand the specific rules that apply.

Some no-fault states use a monetary threshold, which requires medical expenses or other qualifying damages to exceed a specified amount. Others use a verbal threshold, which requires the injury to meet certain legal criteria, such as a fracture, significant disfigurement, permanent disability, or a significant limitation of bodily function.

Read: How to Calculate a Pain and Suffering Settlement

In New York, you can generally sue the at-fault driver for pain and suffering only if your injury meets the state’s “serious injury” threshold under New York Insurance Law § 5102(d). Qualifying injuries may include fractures, significant disfigurement, permanent loss or limitation of a bodily function, or a significant limitation of a body system or function. Other requirements may apply depending on the circumstances of your case.

I was in an accident that wasn’t my fault, but I am receiving no-fault benefits. Will this impact my insurance rates?

No. If the accident was not your fault, no fault benefits are non-chargeable.

I was a pedestrian involved in an accident. Can I get no-fault benefits?

Yes. A pedestrian injured by a motor vehicle in New York can claim no-fault benefits, generally from the insurer of the vehicle that struck them. If you live in a household with its own New York auto policy, that policy may also cover you as a pedestrian. The 30-day filing deadline still applies.