To "file a claim" is to formally demand money you are owed. The demand can go to an insurance company under a policy, or to a court through a lawsuit. After a crash in New York, you may end up doing both.
People use the phrase loosely. An adjuster means one thing by it and a lawyer means another. If you were just hurt on the road, the difference matters. It controls who you ask, what deadlines apply, and what money is available.
Below is how each process works in New York, and the clocks that are already running.
What is filing a claim?
A claim is a demand. You are telling an insurance company or a court: something happened, someone owes me for it, and here is the basis.
An insurance claim is a request for payment under the terms of a policy. The policy is a contract. You paid premiums. When a covered event happens, you notify the carrier and submit the required forms and documentation. The carrier then evaluates the claim against the policy language, the medical record, and the evidence of what happened.
A legal claim is broader. It asserts a right to recover from a person or company responsible for your harm. It may start as a demand letter and negotiation. If it does not resolve, it becomes a lawsuit. Filing a lawsuit means starting a civil action with a summons and complaint. That act carries different rules than filing an insurance claim.
Insurance claim vs. lawsuit: what is the difference?
An insurance claim asks a carrier to pay under a contract. A lawsuit asks a court to hold someone legally responsible. In a typical New York car crash, both run at once.
First comes no-fault. Every New York auto policy must carry Personal Injury Protection. Those benefits pay your medical bills and part of your lost wages regardless of who caused the crash. Basic coverage runs up to $50,000, including up to $2,000 per month in lost earnings at 80 percent of your pay. You access that money by filing a no-fault claim with the right carrier, usually the insurer of the vehicle you occupied.
Second comes the liability case against the at-fault driver. It often starts as a claim to the other driver's carrier. If that fails, it becomes a lawsuit. To recover pain and suffering in a motor vehicle case, your injury must meet the serious injury threshold of Insurance Law § 5102(d). The current categories include fracture, significant disfigurement, permanent consequential limitation of a body organ or member, and significant limitation of a body function or system, among others. For actions started on or after May 26, 2026, the old 90/180-day category no longer exists. Articles written before the 2026 reform still describe it. Do not rely on them.
Other claims may layer in. If an uninsured driver hit you, the claim runs against your own uninsured motorist coverage. We explain how the pieces fit on our car accident practice page.
How do you file an insurance claim in New York?
The mechanics are simple. The consequences of getting them wrong are not.
Notify the carrier promptly, usually by phone or online, and get a claim number. For no-fault benefits, you must submit the written application (Form NF-2) within 30 days of the accident. Miss that window and the carrier can deny your medical and wage benefits entirely. You will be asked for your policy information, the crash details, and authorization to obtain records. Provide what the forms require. Be accurate. Carriers evaluate claims on the paperwork. Gaps in treatment and inconsistencies in the record reduce what the claim is worth.
A deductible may apply to property damage. It does not apply to your no-fault medical benefits. The carrier does not pay because you were hurt. It pays because a properly filed, properly documented claim obligates it to under the policy.
Is workers' compensation a claim too?
Yes, and it does not pay automatically. If you were hurt on the job, including a crash while driving for work, you must report the injury to your employer within 30 days. You must also file a claim with the Workers' Compensation Board, generally within two years. Comp pays medical care and a portion of lost wages without regard to fault. It is also the exclusive remedy against your employer under Workers' Compensation Law § 11. A separate claim against a negligent third party, such as the other driver, can still proceed alongside it. Our workers' compensation page covers how those two tracks run together.
What deadlines apply to a New York injury claim?
Several clocks run at once, and they are not the same length. The no-fault application is due within 30 days of the crash. A claim against a city, county, or other public entity generally requires a Notice of Claim within 90 days under General Municipal Law § 50-e. Most personal injury lawsuits must be started within three years under CPLR § 214. A wrongful death action must be started within two years under EPTL § 5-4.1.
One more rule matters in crash cases. Under current law, your own fault in a motor vehicle action can end the case, not just reduce it. CPLR § 1411(b) bars recovery when the claimant's fault exceeds the combined fault of the parties being sued. Early evidence matters for exactly that reason. The police report, the photographs, and the witness names decide fault questions later.
What happens after a claim is filed?
For an insurance claim, the carrier investigates and may request an examination. It then pays, negotiates, or denies. For a lawsuit, filing the summons and complaint starts discovery, depositions, and, if necessary, trial. Most cases resolve by settlement before a verdict. We have written about how personal injury settlements are paid out, including timing and liens.
The quality of the outcome is set early. It depends on whether the no-fault application went in on time, whether treatment was documented, whether the right policies were identified, and whether the case was built as if a jury would see it.
How Schwartzapfel Holbrook approaches claims
In every case we accept, we identify all of the claims available: the no-fault claim, the liability claim, any uninsured or underinsured motorist coverage, and any workers' compensation or third-party claim where the injury happened on the job. We build each one expecting it may need to be proven in court. Schwartzapfel Holbrook takes a limited number of serious injury cases across New York City, Nassau County, and Suffolk County. We prepare each one for trial. That preparation is what carriers see when they evaluate the file.
