Filing a No-Fault Claim

If you are hurt in a car accident, you must notify the No-Fault insurer in writing as soon as it is practical, but in no case later than 30 days after the accident—unless you can provide written documentation that demonstrates a valid reason for the delay. This notice of claim must identify the injured person or persons and include information that is reasonably obtainable about the date, time, and circumstances of the accident.

In general, if the accident happened in the state of New York, you should file your No-Fault claim with the insurance company of the car you were driving at the time of the accident or, if you were a pedestrian, with the insurance company of the car that hit you. File a claim with your own insurance company if the accident happened outside of New York State and you were driving a different car.

Your auto insurance coverage or the auto insurance of a member of your family would pay your no-fault payments if you were hurt in a car accident while riding a bus. The bus’s insurer would pay your no-fault benefits if you or a member of your household lacked vehicle insurance.

You should make your claim for No-Fault compensation with the MOTOR Car ACCIDENT INDEMNIFICATION CORPORATION if you (or a relative with whom you reside) are hurt by or while in an uninsured vehicle, by a hit-and-run driver, or while riding in a hit-and-run vehicle and do not have auto insurance (MVAIC). The appropriate authority must be notified of the accident within 24 hours.

The insurer (or MVAIC) is expected to give you an Application for Benefits (NF-2) and a letter outlining the No-Fault coverage options, as well as your rights and obligations, within five business days of receiving this notice of claim. As soon as you get the Application for Benefits form, fill it out and send it back.

In the event that you require medical attention, you have two options: (1) pay the physician or hospital directly and submit your receipts or bills to the insurance company for reimbursement; or (2) permit the physician or hospital to submit their bills to the No-Fault insurer for payment.

No-Fault benefits are paid in line with established fee schedules, which the medical practitioner must accept as full payment under the terms of the law. It is crucial that you let the medical professional know that you are receiving care for injuries sustained in an auto accident. The insurer is expected to make payment within 30 days of receiving your healthcare provider’s claim with accompanying documentation of medical necessity or your employer’s (or self-employed) notice of missed wages, unless extra verification is necessary.

If an insurer fails to pay a No-Fault claim on time, it is obligated to pay 2% interest per month on the outstanding sums as well as any reasonable legal costs you may have spent (in compliance with Insurance regulations) to recover your unpaid No-Fault benefits.

You can: (1) register a complaint with the Department of Financial Services, as described later in this Guide; (2) request No-Fault arbitration; or (3) file a lawsuit in court if all or a portion of your No-Fault benefits are delayed or refused. If the insurer rejects your claim entirely or in part, fails to pay benefits due on schedule, or fails to notify you promptly if your claim has been rejected, you may ask for no-fault arbitration.

It is the goal of the no-fault arbitration process to settle conflicts as quickly as feasible. The arbitrator’s decision is final and enforceable against all parties (unless appealed under certain strict circumstances). See Chapter XIV for a thorough explanation of how to submit a request for no-fault arbitration.

Filing a Physical Damage Claim

If your automobile is damaged or stolen and you have auto collision or comprehensive insurance coverage, your insurance company is required to give you a fast and reasonable compensation for the damages incurred or the car’s real cash value, whichever is lesser. Your insurance is responsible for covering the costs of the towing, any reasonable storage fees, and alternative transportation costs if your automobile is stolen and later found.

NY Regulation 64 aims to ensure that your insurance provider will make a fast and equitable settlement. This rule outlines the procedures and deadlines that an insurer must follow when handling your claims for vehicle collision and comprehensive coverage as well as any property damage liability claims you may have against other drivers.

In response to a claim made under your policy’s comprehensive or collision coverage, your vehicle insurer is required by these legal requirements to:

  • If your car is accessible for examination, we will assess the damaged vehicle and submit a good faith offer within six business days of receiving notification of the loss. A good faith offer must be supported by the name of a DMV-registered repair facility that will carry out the requested repairs;
  • Provide a thorough written estimate of the cost of the repairs to you or an authorized representative;
  • Identify an easily accessible auto repair shop that will fix your car at the insurance company’s estimated cost of repair and provide you with a written guarantee of the work done, backed by your insurer; however, you retain the right, in accordance with the Insurance Law, to select the shop that will fix your damaged vehicle;
  • If your car is a total loss due to theft or damage beyond repair, pay the real cash value (retail value + sales tax), which is subject to depreciation and applicable deductions, or replace it with a substantially similar car, in compliance with controlling regulatory criteria;
  • Within five (5) business days after the signing of the settlement agreement.
  • If your claim hasn’t been resolved within 30 days of the date you notified the insurer of the loss, provide you with a written explanation of the reasons for the delay.

Most insurance companies will cover your automobile rental costs up to the policy limit if your vehicle is stolen. When your automobile cannot be driven due to a covered collision or comprehensive loss, other than theft, some auto insurers may offer a policy with “optional rental car reimbursement coverage” that also covers these costs.

Your insurance company must get a “Certification of Automobile Repairs” form from you and your auto body repair business in order to assess the amount of your damaged car’s repairs in relation to collision and other physical damage claims. Your loss payment for a future loss can be less if you don’t turn in this form. Additionally, if an airbag was stolen or discharged as part of a loss, a replacement airbag must be installed. (The insurer has the authority to determine whether the airbag was stolen or deployed and to seize an airbag that has been deployed.)

  • Report the collision, ideally there on the spot.
  • Find a copy of the police report online or at the precinct.
  • To all persons who may be liable, mail a notice of claim by certified mail.
  • Ask the DMV for information regarding drivers (preferably immediately after the crash to meet the deadline for filing a notice of claim)

For hit-and-run and uninsured crashes:

  • Within 24 hours, or as soon as feasible, report a hit-and-run collision to the police. www.cortho.org/no-fault-car-insurance/report-hit-run-crash
  • Residents of NYS may submit a claim to MVAIC for medical services under the No-Fault system.
  • You can submit an application to MVAIC if the insurer rejected your No-Fault claim.

For liability claims

  • Although addressed here (link), liability claims (for personal injury and property damage) are outside the purview of this website. www.cortho.org/no-fault-car-insurance/accident-types

Notify all potentially responsible parties

You must give notice to anybody who might be liable in order to maintain your ability to submit an insurance claim. For a No-Fault claim and for the majority of private insurers, you must provide written notice within 30 days. (MVAIC has different deadlines; see below.)

Take this vital action to safeguard yourself in case you do require medical attention, either now or in the future, after reporting the collision. If it turns out that you didn’t require medical attention, you are not required to submit the claim (request for payment).

Giving notice typically entails writing a brief letter to the car owner’s insurance company. According to this Nolo Press page, all you need to mention in your letter to the parties is that there was an accident at a specific time and location, that you were hurt, and that you plan to make a claim. At this point, you are exempt from disclosing the amount of the damage or the scope of the harm. Give only the information that is required.

In case the insurance later claims they never received your letter, send the notice via certified mail and obtain a registered receipt. Avoid using email. According to my interviews, insurers seem to commonly misplace their correspondence.

A code that designates the driver’s insurance provider will be listed in your police accident report. The codes are listed here by the state insurance department. (link) Know the specifications and timeframes for submitting a claim. To avoid being rejected on a technicality, be aware of your rights and the norms in the insurance sector. Chapter 3 of How to Win Your Personal Injury Case by Nolo Press provides a helpful basic overview if you decide to file a lawsuit for a significant injury.

In New York City, there are an overwhelming number of both public and private entities engaged in every single auto accident. Be neither disheartened nor terrified. According to Portland-based bike attorney and author Bob Mionske, someone can be found to cover your costs somewhere in the jumble that is auto insurance.

Who might be responsible?

In any given situation, several insurers may be seen as responsible for damages. You might also need to inform your own house or auto insurance provider. To be safe, identify anyone who might be responsible and send a letter of notice to each of them.

In general, responsibility for automobile personal injury claims falls to one of the following parties, in rough order of priority:

  1. Car owner’s (driver’s) personal insurance company.
  2. The driver’s employer’s insurer.
  3. Worker’s compensation (if a crash victim works for a covered employer).
  4. State of New York Disability Insurance (if a crash victim works for a covered employer, but was off the job when struck).
  5. Auto or house insurance for the accident victim; Medicare and Medicaid.
  6. Corporation for Motor Vehicle Accident Indemnification (MVAIC).The MVAIC is New York’s insurer of last choice and is a nonprofit organization supported by the insurance industry. It offers payments to crash victims of uninsured or hit-and-run drivers who lack other household coverage as well as to victims whose claims have been rejected by an insurer.

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4.9
Based on 115 reviews
Dr. Karlkare and his staff were excellent. Dr. Karkare explained everything clearly and took his time getting to know my Dad.
Anna Acker
22:46 07 Sep 23
Dr Vedant Vaksha had done emergency surgery in 2020 after a traumatic injury.His office at Complete Orthopedics handled the continued care thereafter.Dr V and his staff had been Professional and friendly throughout the process, taking the time to explain all the questions on how to proceed and what to expect.Whenever I needed to speak with Dr V or the office they were a phone call away, without waiting or calling several numbers like in so many other medical offices.The office was accommodating to scheduling to my needs at all times. Dr Vedant Vaksha earned the following5 out of 5 stars, highly recommended.
John Kuey
20:58 05 Sep 23
Dr. Vaksha helped me recover from an injury. I am very thankful that he took the time to explain the best treatment for my injury. Also thankful for the wonderful office staff!
Joseph Castelli
22:30 02 Aug 23
The office is wonderful!… Dr Paresh was very helpful and attentive and made my sister in laws recovery so much better.. Thank you for everything
Jazz Lorenzo
17:48 14 Jul 23
The ladies are very welcoming, the service is great, the doctor is very professional and caring and the building is super clean. I really like to come here, the atmosphere is very friendly... Come and you will love it too.
Joan Carasco
14:41 30 Jun 23
Dr. Nakul Karkare is awesome! And patriotic! Thank you, Dr. Karkare for displaying the American Flag in your waiting room, honoring and mourning our military personnel, this Memorial Day, who died while serving in the United States Armed Forces.
Dave
00:52 30 May 23
Excellent and skilled orthopedic practice specializing in joint replacements. Dr Karkare was trained at the Hospital for Special Surgery and has excellent results, as do his associates!! Would gladly refer family members to the practice!!
Eclectic54
00:24 30 May 23
I had such a wonderful experience with Complete Orthopedics in Stony Brook. Not only did Dr. Kuo fix my broken wrist with such kindness and care, but the office staff, including Billing, Reception and the X-Ray Technician, was always so helpful, going out of their way to ensure that each patient felt welcome, answering any questions with a smile, and ensuring any issues with insurance/billing were handled with the utmost professionalism. I highly recommend their practice!
Victoria DeMatteo
19:49 10 May 23
I'm very happy St. Catherine's sent me to this office for treatment after I broke my collar bone! Unfortunately the break was too severe to repair on its own and I had to have it rebuilt a week after the injury. Dr. Vaksha did a great job fixing it. I'm three months out, and I have full use of the arm and shoulder. The whole office staff is very professional, accommodating, and welcoming. I hope to not need orthopedic services again, but Dr. Vaksha will be my number one choice if I or anyone in family suffers such am injury.
Tina Rivera
20:42 08 May 23
No one likes going to the doctor. But these people make it painless. I go for knees, hips and shoulders. At almost 70 Complete Orthopedics keeps my active life style running smoothly. Whether chasing my Grandson and even surfing again, I highly recommend them!!
Thomas Slavin
15:02 02 Mar 23
Dr. Kuo knowledgeable and competent surgeon- very good experience and more importantly great result.
Joseph McCoy
21:23 25 Feb 23
Dr Vaksha was so kind and helpful. He took extra time with us and explained things so thoroughly. Highly recommend. Office very clean.
Susan Bosinius
20:20 19 Feb 23
Dr Vaksha, is a great doctor very professional knows what he talking about. Treat patient with upmost respect. Thank You
Troy Spencer
16:46 19 Jan 23
Dr. Karkare is an amazing doctor, very caring and attentive, the girl at the front desk is very kind and helpful. .elizabeth .thank you so much .
blanca ventura
21:32 26 Oct 22
Been going to this place before my accident and after I had my knee surgery. So happy how I been treated and how well I am getting. Thank you all and specially Dr. VAKSHA for everything and getting back on track.
Ita Opico
19:01 25 Oct 22
Love this place From the minute I called I was treated kindly. When I arrived The Dr saw me right away he was compassionate and ordered the appropriate tests for me. I came back in for my follow up and had the same great experience.
Christine Rostock
21:28 23 May 22
Dr Vaksha and Dr karkare are 2 of the best orthopedic doctors around my wife Susan had a very serious broken ankle in March of 2019 she didn't think she was going to walk again Dr vaksha did an excellent surgery on her ankle he said it was his toughest he ever did he put a lot of hardware in her ankle and told her she would be alright she made remarkable recovery thanks to his surgery as of now she regained 100 percent use of her ankle she would highly recommend him to anyone. My own experience with Dr karkare has been wonderful he takes his time with you listens to what you have to say and prescribes various treatments and is very caring I would highly recommend him to anyone I would give both doctors a 10 plus rating we are very happy with them the best.
Harry Jones
23:31 19 May 22
Complete orthopedics is a wonderful place to go when you hurt or injured a great staff and wonderful doctors very knowledgeable and helpful I would recommend this place to all of my family and friends that is in me of orthopedic care I give them 10 thumbs up
Wayne Pemberton
17:39 18 May 22
The staff is very professional and helpful. Dr. Vaksha is excellent. He takes time to listen and offer suggestions to help you get better. I’m very thankful and happy to be a patient here at Complete Orthopedics.
Phoenix Rising
19:54 16 May 22
Dr.Karkare is the best. He listens to everything and explains everything I recommend him to everyone. I am so happy he is my doctor.
Myrna James
00:48 13 May 22
Dr.Kuo is amazing very attentive,caring,and passionate and staff is awsome too.Thank you for everything Dr.kuo.
Erick Murillo
23:17 12 May 22
I was in a car accident November 1 I was referred to Dr. Vaksha For shoulder surgery . I he was amazing he made me feel very comfortable and explained everything that was going to happen from surgery all the way through my physical therapy highly recommend Dr. Vaksha
Yolanda Ojeda
19:37 09 May 22
My appointment with Dr. Vaksha was amazing. Dr. Vaksha was very thorough and kind. I would refer this office to anyone who needs a great orthopedic doctor.
John Senechal
19:54 05 May 22
Scheduling my appointment was quick and easy. The staff was super friendly and down to earth. I was seen on time. The appropriate test, “x-rays” were taken before the conversation with doctor, something I really liked, test for analysis and conversation was done upfront. Dr. V had a great personality and was no BS, straight forward diagnosis and a play on next steps. I am happy I found them and would refer them to friends and family.
Sam
00:46 03 May 22
I have seen Dr. Kuo two times already and he's awesome along with his staff. Very friendly office and I'm glad to be a patient here.
Camaris A
20:01 28 Apr 22
Amazing team!! Very caring, profesional, and friendly!! Dr. Kevin Kuo, you are the best, very passionate, caring, and helping thank you for getting me better and being so kind to me! Elizabeth you the best thank you for you help always and you big smile and positive actitud❤️🙏🏼
breidy valerio
19:01 22 Apr 22
The staff is truly exceptional, they make you feel comfortable and welcomed. The doctors are amazing,always professional, compassionate and great listeners.
Elizabeth Collado
03:25 09 Apr 22
What a great place! The place is clean and organized.The staff is wonderful. Setting up physical therapy is right there as well.I'm so glad I found this place.
Donna Anne
22:45 05 Apr 22
This was my 1st time breaking something in my 27 years on this planet. I was recommended here by a friend Dr. Vashka helped me from day 1 and still continues to check in on me and my healing ankle. Would highly recommend
tyron davis
16:06 01 Apr 22
Brand new office, same great doctors! Rooms are clean, plenty of parking, physical therapy attached, Dr. Karkare and his staff are awesome. Thank you!
Emily B
02:49 24 Mar 22
Dr.VAksha is the best, I love the way he treats me as his patient, he is caring,understanding and very attentive to my needs
Mirna Caballero
14:53 03 Mar 22
Great staff. Dr. Vaksha is awesome and takes the time to listen to his patients. He is very compassionate. I would highly recommend this office.
Bebe Doyle
01:24 23 Feb 22
After suffering from a severe ankle injury Dr. V was able to help me heal and return back to work completely to a job where I stand for 12 hours a day. The office is very clean and I appreciated the reminders of my appointments via phone call and through text. The patient portal made it easy for me to access all my documents including work notes. The office staff is wonderful and Rebecca was able to schedule me with a busy schedule and awesome at answering all of my questions including referring me to a great physical therapy office. I highly recommend this office to anyone who’s looking for knowledgeable and kind orthopedic office.
Elizabeth Birchwell
21:31 28 Jan 21
The staff here are great, I was seen at the time of my appointment and was well taken care of!
Shaun Berry
18:14 07 Jan 21
They are an excellent practice. The front and back office people are amazing and so helpful. Rebecca is such a kind and understanding person. I had an issue with paperwork and she cleared it right up. Dr. Karkare is very knowledgeable, helpful, and caring.
Matt S.
19:31 18 Nov 20
Rebecca K. - What a true burst of sunshine. Very friendly and definitely an asset to the practice!
Laura Aston
18:17 17 Nov 20
Great experience, the Doctor is nice but the staff is incredible. I worked with Linda, who was profession and assisted me beyond what any person has done at other practices. Complete Ortho should be complimented for having such a person on their staff.I highly recommend this place!!!
Joe Allen
17:26 17 Nov 20
Linda and Becca they are so good ever time I come they are very nice I would tell everyone I no to come to this office..
Barbara Victor
16:45 17 Nov 20
I was rear ended in an auto accident , Dr Vashka was recommended by a friend of mine .I was experiencing Back , neck , and shoulder pain . After a thorough examination and given exercises to do at home , I am feeling much better , and I ended up avoiding surgery . The staff at Complete Ortho is extremely attentive and show great care when making an appointment and are very friendly and i never waited more than 5 minutes for my appointment . So I would strongly recommend Complete Orthopedics for any aches and pains that one might be experiencing.....
Bill Becht
04:44 17 Nov 20
It was the afternoon of Friday Sept. 24. We were in Pt. Jefferson and my wife, Mary Ann, broke her hip. We went to Mather Hospital and it was determined that she would have to have an operation to have it repaired. This would be her third time under the knife in the past year. It just so happened that we were very fortunate enough to have Dr. Karkare, who was on standby, perform the surgery. He put in a rod and two screws in her hip. She spent a few days in the hospital and then went to Gurwin rehabilitee for another few weeks.It has now been almost six weeks and we both worked the election the other day. If it wasn’t for Dr. Karkare’s expertise she never would have been able to work. She is able to walk with a walker and is doing physical therapy three times a week.We can not thank the doctor enough for the compassion and dedication that he puts into his work. It allows Mary Ann do the things that she likes to do, even on a limited basis for a while. I know that with her will, perseverance and the great work that the surgeon performed she will be back on her feet in no time.Sincerely:John V. PlumpEast Northport, NY 11731
Jack Harris
14:36 06 Nov 20
In the year of 2018 I was referred to Dr. Karkare because I was experiencing severe knee joint pain. After exhausting physical therapy and trying to labor through the pain, I had to make a quality of life decision. Total knee replacement was the only viable option. Dr. Karkare made my decision easy as he walked me through the whole process from surgery to recovery.On 12/13/19 ( Friday the 13th) I enter Lenox Hill Hospital in great hands. From the time I entered Dr. Karkare’s office for the first time until now, his staff has been amazing. Andrea the medical coordinator walked me through all the paper work and necessary preparations for the surgery. Courtesy and kind would be an understatement. Dr. Karkare went over and beyond from the wellness checks and phone calls all to assure me that I was important to him. This was the right decision no pain and no limp. Complete Orthopedics should be your choice!
Kenneth Randolph
22:18 25 Sep 20
Dr. Vadshka has a great bedside manner. He really takes his time and explains treatment options.
T Lee
12:33 09 Sep 20
I suffered with pain in both knees for years. My orthopedic doctor kept recommending knee replacement . I fought it for years, as I was just afraid. When I had no choice and could barely walk , it was recommended I see Dr. Karkare. We set up a consultation and my wife and I left his office feeling totally confident and comfortable with moving ahead with the surgery. He explained everything to us, and the office staff set everything up for us and made the process easy. So about one month after our initial meeting I had the first knee done. I was up walking mere hours after the surgery, and on the workout machines the next morning. I went home two days after the surgery, and yes walked my daughter down the aisle at her wedding only one week after the surgery without even a cane! Three months later I had the other knee done and went home the very next day. Dr. Karkare put my fears to rest . I would highly recommend him. His expertise gave me my life back. Thank you Dr. Karkare.SincerelyVito Congro
Ethel Congo
23:58 12 Aug 20
Dr Rhodin really cares for his patients. When I see him he makes sure to review my progress in detail.
Micki Cahill
15:03 08 Feb 20
My mom had a total hip replacement by dr karkare. He is the BEST orthopedic doctor.Her incision is almost invisable.She is going back for her other hip next week. The office staff is the best, love Andrea.You wont find a better doctor.
Ryan
21:06 13 Jul 18
There is no better Orthopedic doctor you will find. Broke my ankle three places on a Saturday. Called Dr. Karkare. He had is team ready at the hospital and operated on me within 6 hours after my injury. Now After 3 months of great care by him and his staff, I am walking to normalcy.
Spacecom Tel
04:13 23 Mar 18
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I am fellowship trained in joint replacement surgery, metabolic bone disorders, sports medicine and trauma. I specialize in total hip and knee replacements, and I have personally written most of the content on this page.

You can see my full CV at my profile page.