Car Accident Fault Cases Involve Separate Claim Deadlines

A timely accident notice does not replace later expense claims. Record each service date and period of lost earnings.

Late submissions may qualify for an exception if supported by clear, reasonable written justification. Save copies and delivery records.

The insurer may request records, an examination under oath, or a medical examination. Confirm the request and any appointment details.

• Check: Confirm what the insurer requested and the response date.
• Preserve: Keep letters, treatment records, and proof of replies.
• Review: Discuss disputed or impractical requests before missing an appointment.

Unexcused failure to meet valid verification conditions can affect payment. Separate coverage questions appear in auto insurance claims.

Review provider forms before signing. An assignment and a payment authorization do not transfer the same rights.

• Assignment: Transfers specified benefit claims and related remedies to the provider.
• Authorization: Directs the insurer to pay the provider without transferring claim rights.
• Records: Retain the signed form and each bill submitted for treatment.

These forms serve different purposes; an assignment may let the provider pursue unpaid benefits, while authorization leaves the claim with the patient.

Insurance Law §§ 5102(d) and 5104 govern serious injury and non-economic damages. For actions begun on or after May 26, 2026, the former 90/180-day category is removed.

• Obtain medical findings rather than relying only on reported pain.
• Link symptoms and functional limitations to the collision.
• Separate covered no-fault losses from damages sought against a negligent driver.

A fracture remains a listed category. In covered actions, the fact-finder decides fault before serious injury; causation also requires proof.

Evidence may disappear before a lawsuit begins. Collect materials that address both negligent conduct and injury causation.

• Scene: Save photos, footage, witness details, and the crash report.
• Vehicles: Preserve repair estimates and relevant vehicle data when available.
• Injuries: Keep diagnostic results, treatment dates, and work restrictions.

Record gaps or conflicting accounts should be assessed before making a settlement demand.

CPLR § 1411(a) generally reduces damages for claimant fault. For actions commenced on or after May 26, 2026, subsection (b) adds a recovery bar in covered Article 51 injury cases.

• Assess each driver's alleged negligence and supporting evidence.
• Determine whether the claim falls under Insurance Law Article 51.
• Check the action commencement date and whether Article 51 governs the claim.

Under subsection (b), claimant fault exceeding the defendant's combined fault bars recovery in covered actions.

CPLR § 214(5) generally sets a three-year personal-injury limit. Claims against public entities can involve earlier notice deadlines.

• Calendar: Record the accident date and potential statutory exceptions.
• Coverage: Review applicable insurance policies and available limits.
• Discovery: Request relevant documents under CPLR § 3101 when litigation begins.

CPLR § 3101(f) generally requires defendants to disclose coverage within 90 days after serving an answer; actions solely for Article 51 benefits are excluded.

Read the insurer's stated grounds and compare them with the claim record. Consider procedural remedies alongside a fault-based lawsuit.

• Identify missing documentation and any disputed verification request.
• Review no-fault arbitration or litigation options for a benefits denial.
• Assess the seriousness of injury, causation, and proof of negligence.

An insurance claim lawsuit may concern benefits rather than injury damages. Insurance claims adjustment raises separate valuation issues.