What is no-fault insurance in New York and how does it affect my injury claim?
What you need to know
New York's no-fault system, governed by Insurance Law §5102, requires every registered vehicle to carry Personal Injury Protection (PIP) coverage. After a car accident, you file a no-fault claim with your own insurer first. That coverage pays up to $50,000 for necessary medical treatment and up to 80% of lost earnings (capped at $2,000 per month).
The trade-off is that no-fault benefits come with a serious limitation: you generally cannot sue the at-fault driver for pain and suffering unless your injuries meet the serious injury threshold under Insurance Law §5102(d). That threshold includes fractures, significant disfigurement, permanent loss or limitation of a body organ or function, and more.
There are strict deadlines to protect your rights. You must file a no-fault application within 30 days of the accident. Miss that window and your insurer can deny the claim entirely. Separately, if a municipality or city vehicle was involved, you have only 90 days to file a Notice of Claim under General Municipal Law §50-e.
If your injuries do clear the serious injury threshold, you can bring a third-party lawsuit against the negligent driver. That lawsuit must be filed within three years of the accident date under CPLR 214. New York follows a pure comparative negligence rule, so even if you were partly at fault, you can still recover — your award is simply reduced by your percentage of fault.
No fee unless we win — contingency only. Call us to review your no-fault denial or explore a third-party claim.
Other ways we help
Same firm, same approach — different practice areas under one roof.
Workers’ Compensation
Injured at work. Lost wages. Denied benefits.
Learn more →Social Security Disability
Can’t work due to a disability. SSDI & SSI claims, denials, appeals.
Learn more →Long-Term Disability
Private LTD insurance denied or cut off. ERISA appeals.
Learn more →Personal Injury
Car accident. Construction site. Scaffold Law.
Learn more →Workers’ Rights
Retaliation, wage theft, harassment. Plaintiff-side only.
Learn more →The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
- Admitted in New York, 2007
- 20 years in practice
- Fluent in Spanish
Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.
- Admitted in New York, 2023
- Albany Law School, J.D. 2022
- Handles Third Department appeals
Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.
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