What is a Lien in a Personal Injury Case?
If you win a settlement in a personal injury case, you might notice that someone has a lien against your settlement. This is not…
New York is a no-fault insurance state. The law requires that drivers carry a minimum amount of personal injury protection (PIP) insurance to cover themselves and their passengers in an accident. Regardless of who caused a crash, your PIP coverage should pay for things like out-of-pocket medical bills, transportation to the doctor, and lost income. However, PIP benefits have limits. If you suffer a catastrophic injury, PIP won’t likely cover all of your damages. For this reason, you should talk with an experienced New York no-fault insurance lawyer as soon as possible to explore all of your options. Don’t settle for less. A dedicated New York car accident lawyer from Zlotolow & Associates, P.C., can go to work for you today. Call or reach us online for a free consultation. We will put more than 20 years of experience on your side and aggressively pursue the compensation that you deserve.
Brooklyn no-fault claims face unique IME-cutoff and serious-injury-threshold challenges — speak with our dedicated no-fault attorney in Brooklyn for borough-specific guidance.
New York no-fault accident insurance pays for the reasonable and necessary medical expenses and lost wages of anyone injured in a motor vehicle crash in New York. But the law can be a little more complex than it sounds. Here is a brief summary of how no-fault insurance claims work in New York:
When a crash happens in New York, and the vehicle involved is a car, truck, or another typical passenger vehicle, then the following people should have the right to file a claim under a no-fault policy:
The vehicle involved in the crash must be registered in the State of New York. Also, the insurance policy must be underwritten in New York. If you suffered injuries while riding a motorcycle or motorized scooter, or if you were operating a motor vehicle under the influence of drugs or alcohol, you cannot file a claim for PIP benefits.
No-fault insurance covers basic expenses associated with a crash. If an accident occurs, you can file a claim for benefits that include:
After a crash, make sure to keep all of your bills and receipts. An insurance company will not take you at your word. You will need to prove your accident-related expenses.
A basic no-fault insurance policy in New York provides up to $50,000 in total benefits per injured person. It also includes a $2,000 death benefit when a person dies in a crash which is payable to the person’s estate. These are only minimum benefits. Many people buy additional personal injury protection.
Within 30 days of the crash, you must notify your insurance company. You do this by completing Form NF-2 and submitting written notice to the company. If you fail to meet this deadline, then you could forfeit your rights to PIP benefits. So, you should read your policy closely and pay close attention to all deadlines.
New York is a no-fault state, which means that after most car accidents your own insurance company pays your initial medical bills and lost earnings — regardless of who caused the crash. This coverage is called Personal Injury Protection (PIP), and every vehicle registered in New York must carry at least $50,000 in basic no-fault benefits per injured person.
Here is how the process works, step by step:
Because no-fault pays regardless of fault, you do not have to prove the other driver was negligent to get your medical care covered. But the system is deadline-driven, and insurers look for reasons to cut benefits off early — which is where a no-fault insurance attorney protects you.
No-fault benefits are frequently delayed, reduced, or terminated — often right when you still need treatment. Common tactics include:
You have the right to challenge every one of these. If an insurer denies your claim, you will receive a notice of your right to arbitrate. Denied no-fault claims go to arbitration through the American Arbitration Association or to court, and a successful challenge can also recover attorney’s fees and interest.
It is important to understand what no-fault arbitration does and does not decide. This process resolves your dispute with your own insurance company over PIP benefits. It is separate from any claim you may have against the driver who actually caused the crash — that is a third-party negligence case, governed by New York’s serious-injury threshold and the three-year statute of limitations under CPLR §214. Even so, the record you create in a no-fault dispute can affect your injury case, and the process is technical and deadline-driven. Never try to arbitrate your no-fault claim on your own.
Instead, get in touch with an experienced no-fault insurance lawyer from Zlotolow & Associates. We handle the arbitration process, respond to IME cutoffs, and keep your benefits flowing while your case proceeds. We know how insurance companies work. We will stand up for you and fight for every penny you deserve.
No-fault covers your economic losses, but it does not pay for pain and suffering — and it caps what you can recover. In some cases, you can bring a claim against the at-fault driver and pursue compensation through that driver’s insurance policy. Zlotolow & Associates will review your case and determine if this option is available to you. If so, we will vigorously pursue the damages you deserve.
Generally speaking, you can file for additional compensation from the at-fault driver in two situations:
Your losses exceed the limits of the no-fault policy. If your losses exceed the $50,000 available through PIP coverage, then you can bring a case against the at-fault driver to recover full compensation. However, this can be a very difficult and lengthy process. It often involves litigation. In some cases, it may even be necessary to take the case to trial in order to recover.
You suffer a “serious injury.” To sue the driver who caused your crash for full compensation, your injuries must meet New York’s serious-injury threshold under Insurance Law §5102(d). A serious injury includes any of the following:
If your injury clears this threshold, you can pursue a claim for pain and suffering, future medical costs, and lost earning capacity beyond the PIP limits. As you can imagine, there is a lot of room for disagreement between injured victims and insurance companies over what constitutes a serious injury, and insurers fight hard to argue an injury is not “serious.” We build the medical proof needed to clear the §5102(d) bar. You can count on your lawyer from Zlotolow & Associates to stand by your side and aggressively seek all compensation you are entitled to receive.
From our Melville office we represent drivers, passengers, cyclists, and pedestrians throughout Nassau and Suffolk County — including Carle Place, Hauppauge, Babylon, Hempstead, East Hampton, and the surrounding Long Island communities — as well as all five boroughs of New York City. No-fault rules are statewide, but local courts and the arbitration process move differently in each county, and having attorneys who appear in them regularly matters.
If your no-fault benefits have been denied or cut off anywhere in the New York metro area, contact our Long Island personal injury team for a free consultation, or learn more about our New York car accident practice.
New York no-fault insurance (PIP) pays your medical bills and a portion of your lost wages after a car accident regardless of who was at fault. Every vehicle registered in New York carries at least $50,000 in coverage. You must file a no-fault application within 30 days of the crash.
Basic PIP covers reasonable medical expenses, 80% of lost wages up to $2,000 per month for up to three years, $25 per day for other reasonable expenses, and a $2,000 death benefit — up to a $50,000 limit, unless you purchased Additional PIP (APIP).
You must submit the no-fault application (Form NF-2) to your insurer within 30 days of the accident. Medical bills must be submitted within 45 days of treatment and lost-wage claims within 90 days. Missing the 30-day deadline is the most common reason claims are denied.
Insurers often cut off benefits after an Independent Medical Examination (IME) or deny treatment as not medically necessary. You can challenge a denial through American Arbitration Association arbitration or in court, and may also recover attorney’s fees and interest. An attorney can restore wrongly terminated benefits.
Yes, if your injuries meet New York’s serious-injury threshold under Insurance Law §5102(d) — such as a fracture, significant disfigurement, permanent limitation, or an injury preventing normal activities for 90 of the 180 days after the crash. Then you can pursue pain-and-suffering damages beyond PIP.
You can file a basic no-fault claim yourself, but a lawyer becomes essential when benefits are denied, an IME cuts off your care, or your injuries are serious enough to sue the at-fault driver. Representation is typically free upfront — fees come only from a recovery.
There is no risk to speak with a no-fault insurance attorney from Zlotolow & Associates. We never charge for a consultation, and you will pay no legal fees unless we recover compensation for you. With offices conveniently located in Melville on Long Island and in Manhattan, we make it easy for you to get the legal help you need. Contact us for a free consultation today.
© 2026 Zlotolow & Associates. All rights reserved.