How to file an auto insurance claim in New York

Every state has its own laws and regulations that govern how auto insurance works and what is required of drivers after an accident. This is especially true in New York, which has a very specific process that drivers must follow in order to make a claim. Here’s an overview of how New York auto insurance works.

A look at auto insurance requirements in New York

The state of New York requires drivers to carry three types of auto policies: liability insurance, no-fault insurance, and uninsured motorist insurance.

Property Damage Liability: This type of insurance covers physical damage to another person’s property that you, a family member, or other covered individual driving your car might cause. It doesn’t pay for damage to your vehicle, however.

New York auto insurance requires drivers to carry a minimum amount of liability:

  1. $25,000/50,000 for injury
  2. $50,000/100,000 for death
  3. $10,000 for property damage caused by any one accident

No-Fault Insurance: New York is one of 12 states with a no-fault program. This policy covers medical or property damage costs after an accident, no matter who caused it.

According to the Department of Motor Vehicles (DMV), basic no-fault coverage includes a limit of $50,000 per person to cover the following:

  • Your accident-related medical expenses
  • 80% of lost income due to injuries from a car accident, with a limit of $2,000 per month for up to 3 years
  • Up to $25 a day for expenses such as household help (for up to 1 year from the date of the accident)
  • A $2,000 death benefit on top of the $50,000 limit

How New York auto insurance works after an accident

If the accident occurs in New York City, there is a slightly different process for filing a claim. For a No-Fault insurance claim, you must file a couple of different reports within a certain timeframe after an accident. First, you must file the NYPD police report with your insurance company within 5 days. A state DMV accident report must also be filed within 10 days.

In addition, “The NYPD must complete a Police Accident Report (PAR) in any crash causing a personal injury, property damage of more than $1,000, or a fatality.”

Note that there are two forms: The NYPD form is called MV-104AN; the state form is MV-104.

It’s important to obtain the accident report number from the officer at the scene. You should use this same number on any medical forms if you or anyone else in the vehicle has to go to the hospital because of injuries.

If the accident occurs outside of New York City, you only have to file the state MV-104 report to the DMV within 10 days.

How to obtain a Police Accident Report (PAR) in New York City

Within 5 days, you’ll need to go to the police station in the precinct where the accident occurred and obtain a copy of your PAR. Read over it to make sure the report is accurate. You’ll need to show a picture ID, pay a $10 fee, and submit this form requesting a copy of the record.

How to file crash report with the New York DMV

If the accident occurs anywhere in the state, you’ll need to file a crash report with the New York DMV within 10 days of the accident. Download form MV-104 and mail it to the DMV, using the address supplied on the form.

“If the property damage of any person is $1,001 or more, all the involved drivers are required by the NY State Vehicle and Traffic Law to file a Report of Motor Vehicles Accident (MV-104),” according to the New York DMV.

The report must also be filed if anyone is injured or if there is a fatality. “All the involved drivers and the police must file an accident report with the DMV.”

How to handle other types of auto insurance claims in New York

As you can imagine, many accidents in New York fall under the category of No-Fault insurance. However, there are also procedures when it comes to other types of accidents or claims. You will need to file different types of forms, according to the circumstances.

Here is a helpful chart of which forms you need to fill out, based on the type of accident or claim, including a No-Fault medical claim; hit and run; personal liability claim or lawsuit; property damage over or under $1,000; no injury/no damage; and no motor vehicle involved (road hazards that caused damage to your vehicle).

Auto insurance claims in New York have a very specific set of requirements in order to pay for vehicle damage or injuries after an accident. If you have any questions about what to do after a crash or you want to discuss your auto insurance needs, NICRIS is here to help. Call us at 516-544-0006 or fill out our online contact form to get in touch.