Following a car accident in New York State, medical expenses and a portion of lost wages are covered by no-fault insurance, up to $50,000 per person. Written notice must be filed no later than 30 days. A lawsuit for pain and suffering, however, requires a “serious injury” as defined under Insurance Law §5102(d).
A collision on Metropolitan Avenue or a fender bender on the Long Island Expressway typically ends with an exchange of information and a police report. What happens in the following weeks—filing a claim with the proper insurance company, medical documentation, and assessing whether the injuries exceed the statutory threshold—determines what money the injured party can actually count on.
No-Fault: Who Pays and When to File a Claim
According to the guidelines of the Department of Financial Services, written notice must be submitted no later than 30 days after the accident, unless the injured party provides clear and reasonable grounds for the delay in writing. The driver and passenger file a claim with the insurer of the car they were riding in, and a pedestrian files with the insurer of the car that struck them. If a pedestrian is struck by an unknown or uninsured vehicle, a relative’s policy from the same household comes into play, and if none exists, MVAIC.
Basic benefits reach up to $50,000 per person, as confirmed by Insurance Law §5102. Lost wages are covered up to $2,000 per month, for a maximum of three years from the accident, with a statutory 20% deduction, and benefits apply exclusively to personal injuries—damage to the car itself is settled separately. An important exception applies to motorcyclists: the driver and passenger of a motorcycle are excluded from no-fault benefits and may pursue claims through a lawsuit.
Pain and Suffering: When Is an Injury “Serious”
No-fault does not pay compensation for pain and suffering. Such a claim may be pursued against the at-fault party only if the injury meets the definition of “serious injury” under §5102(d). This includes, among others, death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, and permanent or significant limitation of use of a body part or function.
In 2026, the legislature tightened these rules. As explained in DFS Circular Letter No. 3 of 2026, in cases filed on or after May 26, 2026, the category of non-permanent injury that prevented usual daily activities for 90 out of 180 days has been removed from the definition. The new CPLR §1411(b) provides that in such cases, the injured party will recover nothing if their fault is greater than the combined fault of the defendants. The date of filing the lawsuit decides the matter, not the date of the accident. When fault is distributed equally, the claim is not lost—the compensation is then simply reduced proportionally. The same reform introduced in Insurance Law §5104(d) a $100,000 cap on non-economic damages for injured parties who caused the accident themselves and were driving an uninsured car that they were required to insure (unless the lapse in coverage lasted less than 30 days), or were convicted of driving under the influence or of a felony committed while operating the vehicle. The cap does not apply to wrongful death lawsuits.
What This Means for the Polish Community
Since a comparative fault greater than the defendant’s can now close the path to compensation, evidence of how the collision occurred weighs more heavily than before. Photographs, witness information, dashcam footage, and the police report all matter. The law firm The Heller Law Firm, PC also reminds on its website to see a doctor as soon as possible, even if you feel fine—cervical spine injuries or internal bleeding do not always show symptoms immediately. It is also wise to keep all letters from insurance companies and a copy of the no-fault application with proof of mailing.
As a rule, there is a three-year statute of limitations to file a personal injury lawsuit (CPLR §214). When the defendant is a city or other public entity covered by these rules—such as in a collision with a municipal vehicle—a Notice of Claim generally must be filed within 90 days, and the lawsuit must be commenced within one year and 90 days (General Municipal Law §50-e and §50-i).
Free Consultation in Polish
The law firm The Heller Law Firm, PC, founded by Norman H. Heller, Esq., helps victims of accidents involving passenger cars, trucks, and motorcycles, and advises on damages and compensation to which they may be entitled. The scope of this practice is presented on the firm’s car accident page.
The initial consultation regarding an accident case is free, and the conversation can take place in Polish—at the office in Ridgewood or Lake Success. Phone: 516-441-5656.
This article is for informational purposes only and does not constitute legal advice; reading it does not establish an attorney-client relationship. This material is attorney advertising. Prior results do not guarantee a similar outcome in the future.
