No-Fault Insurance
How Long Do I Have to File a No-Fault Insurance Claim?
A Guide from Koenigsberg & Associates Law Offices
June 18, 2026
After a car accident, the injuries are often only the start of the story. Medical bills, lost wages, and missed time with family all start piling up — and most New Yorkers do not realize that the clock to recover from their own insurance company is already running.
New York's no-fault system is supposed to provide a "prompt and full recovery" for economic losses after a crash. But the deadline to file a no-fault claim depends on something most people never think about: whether the vehicle that hurt you was covered by a private insurance policy or by a self-insured entity like a government agency.
By the Numbers
The deadlines that decide whether you can recover
6 yrs
Statute of limitations for first-party no-fault claims against a private insurer
3 yrs
Statute of limitations for personal injury lawsuits against an at-fault driver
3 yrs
Statute of limitations for no-fault claims against a self-insured entity
1st-party
No-fault benefits are paid by your own insurer — not the at-fault driver's
A no-fault claim is not the same thing as a personal injury lawsuit — the two run on different clocks, and missing either one can mean losing the money you need to get well.
No-Fault Basics
What is New York's no-fault law?
New York is one of several states that lets injured people recover insurance benefits after a crash without first proving who was at fault. The system was designed for speed — so injured drivers, passengers, and pedestrians could pay for treatment without waiting for a fault investigation to play out.
Recovery without proving fault
No-fault benefits compensate injured people for medical expenses and other economic losses regardless of who caused the crash — designed to provide a prompt and full recovery.
Required in every NY auto policy
New York's no-fault law requires every car insurance policy issued in the state to include no-fault coverage as standard.
First-party benefits
You file the claim with your own insurance company under your policy — a contract claim, not a tort claim against another driver.
Assignable to providers
When an injured party cannot afford medical bills up front, they may assign their right to no-fault benefits to the treating provider, who then bills the insurer directly.
First-party vs. third-party
No-fault benefits are first-party benefits.
You file the claim with your own insurance company under your own policy. That is what makes no-fault a "first-party" benefit. A third-party benefit, by contrast, is what an unrelated person — like a pedestrian struck by your car — would claim from your liability coverage.
Statute of Limitations
How long do you actually have to file?
In New York, a personal injury lawsuit against an at-fault driver generally has to be filed within three years of the accident. But the deadline for a no-fault insurance claim is different — and the courts have held that it depends on who insures the vehicle that caused the harm.
6-year statute of limitations
When the at-fault vehicle is covered by a private insurance policy, a first-party no-fault claim against that insurer is treated as a contract action — and New York's 6-year contract statute of limitations applies.
Why it's 6 years
The claim arises out of the private insurance contract between the claimant and the insurance company — so courts apply the contract statute of limitations rather than the personal injury one.
Who it covers
Drivers, passengers, and pedestrians injured by a vehicle insured under a standard private auto policy issued in New York.
Assigned claims
Medical providers who accept an assignment of benefits from the injured party step into the same 6-year window when they bill the insurer.
3-year statute of limitations
When the offending vehicle belongs to a self-insured owner — like a government agency that certifies itself rather than buying a private policy — there is no insurance contract, and the shorter 3-year personal injury statute applies.
Why it's 3 years
Without a private insurance contract, the no-fault claim is not a contract action. Under Contact Chiropractic, P.S. v. NYCTA, the Court of Appeals held that the 3-year personal injury statute governs instead.
Who is self-insured
Most commonly government entities — including transit authorities, municipal vehicle fleets, and some large commercial operators — that certify their own financial responsibility instead of buying a policy.
Why the difference matters
An injured passenger on an MTA or NYCTA bus has half the time to file a no-fault claim that an injured passenger on a privately insured vehicle has — and many do not realize it until it is too late.
In short
Two accidents, two different clocks.
A personal injury lawsuit against the at-fault driver must be filed within 3 years. A no-fault insurance claim arising from the same accident gets up to 6 years — unless the responsible vehicle was self-insured, in which case the deadline drops back to 3 years.
The Case That Changed the Rule
Contact Chiropractic and self-insured persons
Some vehicles on New York roads are not covered by a private insurance policy at all. Government entities — including transit authorities — typically certify themselves as self-insured rather than contracting with a private insurer. That distinction now decides how long you have to file a no-fault claim.
In Contact Chiropractic, P.S. v. New York City Transit Authority, the New York Court of Appeals held that no-fault benefits claims against a self-insured entity are subject to the 3-year personal injury statute of limitations — because there is no private insurance contract underlying the claim.
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The injured claimant was a passenger on a New York City Transit Authority bus involved in a traffic accident.
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The claimant assigned their right to recover no-fault benefits to their chiropractor, Contact Chiropractic, P.S.
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The NYCTA is a self-insured entity — it does not satisfy New York's financial responsibility requirements through a private insurance contract.
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The New York Court of Appeals held that the 3-year personal injury statute of limitations applied, not the 6-year contract statute.
"The rule now put forward by the majority raises the troubling appearance that an equally-deserving claimant could be barred from recovering benefits merely because the offending party effectively 'bought' self-insured status."
Next Steps
What to do to protect your no-fault claim
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Notify the insurance company right away
Even though the statute of limitations may give you years to file suit, your no-fault policy still imposes much shorter notice deadlines. Report the accident to the relevant insurer as soon as possible to protect your benefits.
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Identify who insures the vehicle
Whether you are dealing with a private insurer or a self-insured entity changes everything — including how long you have to file. Get the registration, the policy details, or the agency's claims contact at the scene if you can.
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Get prompt medical treatment
No-fault benefits exist to pay your medical bills, but the insurer expects you to seek care without delay. Treating quickly protects your health and creates the medical record any future claim depends on.
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Keep every document and receipt
Save medical bills, prescription receipts, mileage logs, proof of lost wages, and any correspondence from the insurer. These are the building blocks of a no-fault claim.
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Talk to a personal injury attorney early
No-fault rules are technical, deadlines vary, and self-insured defendants can be especially difficult to deal with. An experienced New York attorney can identify every deadline and every source of recovery available to you.
Our Brooklyn Car Accident Attorneys
We will fight for your rights
At Koenigsberg & Associates Law Offices, our attorneys have dedicated their practice to helping injured people find legal and financial vindication after another person's wrongful or negligent conduct. We handle personal injury cases that involve complex laws — like New York's no-fault rules — and powerful defendants like government agencies and commercial entities.
Schedule a free consultation with an attorney at Koenigsberg & Associates Law Offices to explore your legal options today.