How to Preserve Your Right to New York State No Fault Benefits After a Car Accident


Posted over 6 years ago. Applies to New York, 4 helpful votes



Contact Your Insurance Company within 30 Days of the Accident

According to your insurance policy, you have 30 days from the date of your car accident to notify your insurance company. This gets things started. Make sure you give the company the time, place and general facts of the accident including injuries. You are under no obligation to let the insurance company know whether you will have further medical treatment at that time. If you are physically unable to give your company notice within the 30 day window, make sure you can back up your excuse. Not getting a lawyer on time will not work, being laid up in the hospital for more than 30 days will.


Fill Out and Return the No Fault Application for Benefits to Your Insurance Company

After you give verbal notice of your accident, your insurance carrier is obligated to provide you with an Application for No Fault Benefits. Fill it out, sign it and return. If you have any questions about what you are filling out or signing, it is highly recommended that you consult with an attorney familiar with No Fault Law and procedure.


Make Sure You Attend Scheduled Independent Medical Examinations

If you are going for continuous treatment for your accident-related injuries such as chiropractic or acupuncture, your insurance company will ultimately schedule you for an independent medical examination in order to determine whether your treatment continues to be medically necessary. Under your policy of insurance, you must attend these examinations. If you do not, your benefits could be suspended for lack of cooperation. Let your attorney know when and where these examinations are scheduled. The carrier is obligated to designate a convenient time and place for you. In addition, if you need to reschedule, the company will generally allow you to do so. For more information on independent medical examinations, see my blog post at:


Make Sure You Attend Scheduled Examination under Oath

Like the independent medical examination, your insurance carrier has the right to have you testify under oath about the facts surrounding your accident. If you receive a demand for an examination under oath from your insurance company, it is highly recommended that you speak with an attorney prior to the date of your scheduled testimony. Your failure to appear for the examination under oath could result in suspension of your no-fault benefits. For more information on examinations under oath, see my blog post at:

Additional Resources

Long Island New York Accident Attorney

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