PIP coverage. 30-day filing deadline. Pain and suffering requires meeting the serious injury threshold.
Call 911. Photograph the scene. Get the police report. Get medical care. File the PIP application within 30 days. Don’t give a recorded statement. Call us.
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New York’s No-Fault Law (Insurance Law §5103) means your own auto insurance pays your initial medical bills and lost wages up to $50,000, regardless of who caused the crash. To sue the at-fault driver for pain-and-suffering damages, your injury must meet the “serious injury” threshold in Insurance Law §5102(d) — one of nine categories: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or system, permanent consequential limitation, significant limitation, or a medically determined injury that prevents normal daily activities for at least 90 of the 180 days following the crash.
The No-Fault statute requires you to file an application (NF-2) with your own insurer within 30 days of the accident (Ins. Law §5103). Missing it can mean losing access to no-fault medical benefits — but not your tort case. Contact a lawyer immediately; some exceptions and equitable arguments may preserve benefits.
Yes, through two pathways. Your own policy’s Uninsured Motorist (UM) coverage stands in the shoes of the missing insurance. If you don’t have UM (or were a pedestrian), MVAIC — the Motor Vehicle Accident Indemnification Corporation — covers serious injuries from uninsured drivers, hit-and-runs, and stolen-vehicle crashes. MVAIC requires a Notice of Intention within 90 days of the accident.
When a rideshare app trip is active (driver is en route or you’re in the car), the rideshare company’s commercial policy provides up to $1.25 million in liability and uninsured/underinsured motorist coverage in New York. This stacks on top of the driver’s personal policy. The trip status at the moment of the crash determines which layer applies — preserve trip-record evidence early.
Three years from the date of the accident for personal injury (CPLR §214(5)). If the at-fault vehicle is a municipal vehicle — MTA bus, NYCHA shuttle, sanitation truck, police car — you must file a Notice of Claim within 90 days under GML §50-e and then a Summons & Complaint within one year and 90 days. The municipal deadline is unforgiving; act quickly.
Photos of vehicle damage, the scene, and any visible injuries. The other driver’s license, registration, and insurance card. Witness names and phone numbers. The police report number and the responding officer’s name. If you went to the hospital, every discharge paperwork. If a rideshare or commercial vehicle was involved, screenshot your trip record or the company name on the vehicle. Don’t post about the crash on social media until you’ve talked to a lawyer.
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