Car Accident Insurance Claims in New York: What to Expect

Every year, thousands of drivers in New York find themselves navigating the complex world of insurance claims after a car accident. If you’ve been injured or your vehicle damaged, understanding how the car accident insurance claim process works can be the difference between a fair settlement and a frustrating loss. In this article, we break down what really happens behind the scenes, what your rights are, and how to protect yourself from common insurance tactics.

Understanding the No-Fault System in New York

New York is a “no-fault” insurance state. This means that your own insurance company will pay for your medical expenses and lost wages up to $50,000, regardless of who caused the accident. This is part of what’s called Personal Injury Protection (PIP) under Section 5101 of New York Insurance Law.

However, PIP has limits. It does not cover pain and suffering, and in serious injury cases, you may be entitled to file a claim against the at-fault driver’s insurance. Serious injuries include significant disfigurement, broken bones, loss of a fetus, or permanent limitation of use of a body organ or member.

Step-by-Step: Car Accident Insurance Claim Process in New York

1. Immediate Aftermath of the Accident

• Call 911 and ensure everyone’s safety. 
• Get a police report. This is a key document insurers will review. 
• Collect evidence: Take photos, gather witness contacts, and exchange insurance details. 
• Seek medical attention, even if symptoms seem mild at first. Adrenaline can mask pain, and documentation of injuries is crucial. 

2. Notify Your Insurance Company

You must notify your insurer within 30 days of the accident to claim PIP benefits. Even if you think the other driver was at fault, notify your own insurance to preserve your rights under the no-fault policy. Late notice can result in denial of benefits.

3. Filing the Insurance Claim

• Submit a Notice of Claim with your insurer including all necessary forms. 
• Provide medical records, repair estimates, and proof of lost income such as pay stubs or employer letters. 
• Insurers may request an Independent Medical Examination (IME) to verify the extent of injuries. 
• Keep a journal of your recovery and communications with the insurance company — this can support your claim. 

4. Evaluation by the Insurance Adjuster

The insurer assigns an adjuster who evaluates the documentation, verifies injuries and damages, and determines the potential payout. Adjusters may:

• Visit the vehicle repair site.
• Interview witnesses.
• Contact medical providers. 

Be aware: Adjusters are not neutral — they work to protect the insurer’s bottom line. If your medical costs or losses are high, they may seek to minimize payouts using technicalities or contesting the source of injuries.

Example: A client injured in a rear-end collision in Queens initially had $3,500 in medical bills covered. However, the insurer disputed a $7,000 physical therapy plan. After legal intervention, the full amount was approved and the settlement increased by 40%.

5. Receiving or Negotiating a Settlement

You may receive a settlement offer after evaluation. Always:

• Review it carefully. 
• Compare with actual expenses. 
• Consider future costs (e.g., therapy, lost income). 
• Seek legal review before accepting if unsure. 

Negotiation is common. Do not feel pressured to accept the first offer.

Caution: Accepting a quick settlement might waive your rights to claim further compensation. Many victims discover later that their injuries were more serious than initially believed.

Common Tactics Insurance Companies Use

Insurance companies often aim to minimize payouts. Common strategies include:

• Delaying payments with repeated requests for documentation. 
• Claiming injuries are unrelated to the accident. 
• Disputing necessity or cost of medical treatment. 
• Offering low settlements quickly to close cases before full impact is known. 

These tactics can leave victims undercompensated. Legal representation helps level the playing field.

When to Get a Lawyer Involved

You should consider legal help if:

• Injuries are severe or long-term. 
• Medical bills exceed no-fault limits. 
• You’re missing work or unable to perform usual activities. 
• The insurer is delaying, denying, or lowballing your claim. 
• You’re unsure about your rights or next steps. 

A lawyer can gather supporting evidence, consult with medical experts, and negotiate assertively with the insurer. Legal guidance also helps meet deadlines and avoid procedural pitfalls.

Your Rights as a Victim

• You have the right to consult an attorney at any time during the claim. 
• You can appeal a denied claim or challenge an undervalued offer. 
• You do not have to accept the insurance company’s first offer. 
• You are entitled to a prompt and fair investigation and resolution. 
• If a third party was at fault, you may file a lawsuit for additional compensation. 
• You can request a copy of all claim-related documents the insurer uses to evaluate your case. 
• The insurer must communicate in a timely, clear manner — delays may constitute bad faith. 

Realistic Timeline: How Long Do Claims Take?

Car accident claims can take anywhere from a few weeks to several months, depending on:

• Severity of the injuries 
• Cooperation from involved parties 
• Complexity of evidence (e.g., multiple vehicles, disputed fault) 

Simple PIP claims may resolve within 30-60 days, while serious injury lawsuits can take a year or more. If legal proceedings are involved, timelines may extend due to court schedules and discovery processes.

Pro Tips for a Smoother Process

• Be honest and detailed in all forms. 
• Respond promptly to insurer requests. 
• Keep copies of all documents and correspondence. 
• Track expenses (medical bills, transportation, lost wages). 
• Avoid posting accident-related content on social media — it can be used against you. 
• Consider early legal advice — even before filing the claim. 
• Follow your treatment plan consistently — gaps in care may be used to discredit your claim. 

Helpful Resources

• New York Department of Financial Services – Auto Insurance 
• Cohan Law Firm – Car Accidents Page 
• Nolo Legal Encyclopedia – Car Accident Claims 

Call to Action

Has your insurance company delayed or denied your claim? You don’t have to face this alone.

 Schedule a free consultation with Cohan Law Firm today. We’ll help you understand your options, protect your rights, and fight for the compensation you deserve.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship.