Reviewed by Laurence P. Banville, Esq.Who pays my medical bills after a car accident in New York?
Your own no-fault coverage, often called personal injury protection or PIP, pays first. You do not have to prove the other driver caused the crash, and you do not wait for a lawsuit. Which policy applies depends on where you were:
- Driver or passenger. The claim goes to the insurer of the vehicle you were in under the priority rules in 11 NYCRR §65-3.12. That covers passengers in a cab or rideshare too. See what happens when a passenger is injured in an Uber and steps to take after a taxi accident in Brooklyn.
- Pedestrian or cyclist. Insurance Law §5103(a)(1) extends a vehicle owner’s coverage to people who are not occupants of another motor vehicle or a motorcycle, so the policy on the vehicle that struck you can apply. A household auto policy may also apply. Which insurer pays first follows the priority rules in 11 NYCRR §65-3.12, so give written notice to every policy that may apply.
- Bus passengers (other than the bus’s operators, owners and employees) claim first under their own household’s auto policy, and against the bus’s insurer only if there is none.
When insurers argue over which of them should pay, the first insurer given notice must handle the claim and pay, then sort out the dispute with the other company in arbitration.
What if no policy applies, such as a hit-and-run?
The Motor Vehicle Accident Indemnification Corporation (MVAIC) pays no-fault benefits to a qualified person hurt by an uninsured motor vehicle under Insurance Law §5221. The statute treats a vehicle as uninsured when the owner is a financially irresponsible motorist or is “unknown and whose identity is unascertainable,” which covers many hit-and-run crashes (Insurance Law §5102(i)). A New York resident who has their own auto insurance generally claims under that policy instead, because an insured person is not a “qualified person” for MVAIC purposes. For a hit-and-run, the crash must be reported to the police within 24 hours (or as soon as reasonably possible), and an affidavit is due to MVAIC within 90 days under Insurance Law §5208(a)(2).
What does no-fault pay for?
No-fault pays “basic economic loss” of up to fifty thousand dollars per person under Insurance Law §5102(a). Within that limit, the statute sets out these pieces:
- Medical and related costs. Hospital, doctor, surgical, prescription, physical therapy and rehabilitation costs, among others, “without limitation as to time,” as long as within one year of the accident it is ascertainable that further expenses may follow.
- Lost earnings. “Up to two thousand dollars per month for not more than three years from the date of the accident.” Under Insurance Law §5102(b), twenty percent of lost earnings is deducted, along with workers’ compensation and Social Security disability benefits recovered or recoverable for the same injury.
- Other necessary expenses. “Up to twenty-five dollars per day for not more than one year from the date of the accident.”
No-fault does not pay for pain and suffering, and it does not pay for vehicle damage. Those are separate claims, discussed below.
Should I pay out of pocket after a car accident?
In New York, generally no. Give your no-fault claim number to every doctor, hospital and therapist, and let them bill the no-fault insurer directly. A provider may ask you to sign an assignment of benefits so it can do that. Providers are limited to the workers’ compensation fee schedule and may not demand payment beyond those charges under Insurance Law §5108.
How long do I have to file a no-fault claim in New York?
The deadlines come from the mandatory personal injury protection endorsement in 11 NYCRR §65-1.1, which is part of every New York auto policy:
- 30 days from the accident to give the insurer written notice. In practice this is done with the Application for Motor Vehicle No-Fault Benefits, form NF-2.
- 45 days after treatment for medical bills to be submitted.
- 90 days after the work loss is incurred (or the other expense arises) for proof of lost wages and other necessary expenses.
Late submissions are excused only with written proof of “clear and reasonable justification.” Once the insurer has proof of the claim, benefits are overdue if not paid within 30 days, and overdue payments carry interest of two percent per month under Insurance Law §5106(a).
Medical exams, examinations under oath and denials
The endorsement requires you to attend independent medical examinations by doctors the insurer selects and, when reasonably required, examinations under oath. Missing either one can be grounds for denial, so reschedule rather than skip. An insurer may also cut off benefits if its examining doctor reports that no further treatment is needed.
If your claim is denied, Insurance Law §5106(b) requires the insurer to give you the option of arbitration, a faster process run under rules approved by the Department of Financial Services. The other route is a lawsuit in court. The choice can affect later claims from the same accident.
Who is excluded from no-fault?
- Motorcycle riders and passengers. No-fault does not cover occupants of a motorcycle for their own injuries (Insurance Law §5103(a)). See motorcycle accident claims on Long Island.
- Exclusions an insurer may apply under Insurance Law §5103(b): a person who intentionally causes their own injury, is injured while operating a vehicle intoxicated or impaired by drugs within the meaning of VTL §1192, is racing, is committing a felony, or is in a vehicle they know is stolen. Emergency hospital care is still paid in the intoxication case.
Does no-fault stop me from suing the other driver?
Only partly. Insurance Law §5104(a) bars a claim for pain and suffering unless the injury is a “serious injury” as defined in Insurance Law §5102(d). Part EE of chapter 58 of the Laws of 2026, effective May 26, 2026, changed these suits in three ways:
- The old category for a temporary injury that kept you from your usual activities for 90 of the first 180 days was deleted from the serious-injury definition.
- Under CPLR §1411(b), you recover nothing if your share of fault is greater than that of the person or people you sue.
- Under Insurance Law §5104(d), recovery for non-economic loss is “limited to one hundred thousand dollars” for an at-fault injured person who was driving an uninsured vehicle they were required to insure, or who was convicted of impaired driving or of a felony committed while driving. The cap does not apply in death cases.
The deadline to sue is generally three years under CPLR §214(5). Our guides on filing a car accident lawsuit in New York and pain and suffering after a car accident explain the threshold, and settling a car accident privately covers why handling things off the books can cost you no-fault benefits. See also being hit by a rental car driver in New York and our overview of New York personal injury case types. Banville Law reviews these claims and refers or co-counsels them with trial counsel where a case calls for it.
Frequently asked questions
Who pays my medical bills after a car accident in New York?
No-fault insurance pays first, whoever caused the crash. Drivers and passengers usually claim against the policy on the vehicle they were in. Pedestrians and cyclists may be covered by a household auto policy or by the policy on the vehicle that hit them. If no policy applies, for example a hit-and-run, MVAIC may pay as long as the injured person qualifies and meets its deadlines.
How long do I have to file a no-fault claim in New York?
Written notice must reach the insurer within 30 days of the accident, usually on the NF-2 application. Medical bills are due within 45 days of each treatment, and lost-wage proof within 90 days of the work loss. These limits come from the mandatory endorsement in 11 NYCRR 65-1.1, and late filing is excused only with written proof of a clear and reasonable justification.
Should I pay out of pocket for medical bills after a car accident?
Usually not. Give each provider your no-fault claim number so they can bill the insurer directly, often through an assignment of benefits you sign. Under Insurance Law §5108, providers are held to the fee schedule and may not demand more. Paying yourself and seeking reimbursement later adds delay and paperwork, and a missed 45-day window can cost you the benefit.
Does no-fault cover pain and suffering?
No. No-fault pays economic loss only, within the $50,000 per-person limit in Insurance Law §5102(a). Pain and suffering requires a separate claim against the at-fault driver, allowed only for a serious injury under Insurance Law §5104(a). Since May 26, 2026, CPLR §1411(b) bars recovery if your fault is greater than the defendant’s, and the 90/180-day category is no longer part of the definition.
What if the other driver was uninsured or fled the scene?
If you were in an insured vehicle, that policy’s no-fault coverage still pays. If no policy applies, MVAIC pays no-fault benefits to qualified people hurt by uninsured vehicles, including many hit-and-run cars. A hit-and-run must be reported to police within 24 hours if reasonably possible, and an affidavit is due to MVAIC within 90 days under Insurance Law §5208.
What happens if my no-fault claim is denied?
Read the denial for the stated reason, such as a missed deadline or a medical exam finding. Insurance Law §5106(b) gives you the option of arbitration, a quicker process overseen under state-approved rules, or you can bring a lawsuit in court. Overdue benefits carry interest of two percent per month, and a claimant who wins an overdue claim can recover a reasonable attorney’s fee.