QUEENS, NY – Navigating the insurance process after a car accident in New York requires prompt action, strict adherence to filing deadlines, and a clear understanding of the no-fault system that governs how injured parties receive benefits. Queens personal injury attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. (https://accidentlawyer-queens.com/dealing-with-insurance-after-accident/) is providing guidance on the steps drivers and passengers should take when handling insurance claims following an accident in Queens.
According to Queens personal injury attorney Keetick L. Sanchez, New York operates under a no-fault insurance system governed by Article 51 of the New York Insurance Law, which requires injured individuals to file claims with their own auto insurance company regardless of who caused the collision. Every vehicle owner in the state must carry a minimum of $50,000 in Personal Injury Protection coverage, which pays for necessary medical treatment, a portion of lost income, and certain out-of-pocket expenses related to the accident. These benefits are available to drivers, passengers, and even pedestrians or cyclists struck by a motor vehicle. “Filing the no-fault claim within 30 days of the accident is one of the most critical steps injured individuals can take,” explains Sanchez. “Missing that deadline under Insurance Regulation 68 can result in a complete denial of benefits.”
Queens personal injury attorney Keetick L. Sanchez notes that several additional deadlines apply beyond the initial 30-day filing requirement. Proof of claim for medical treatment must generally be submitted within 45 days after services are rendered, while proof of lost wages must be submitted no later than 90 days after the work loss is incurred. Other necessary expenses must also be submitted within 90 days after the expense is incurred. Personal injury lawsuits must be filed within three years of the accident date under CPLR § 214, wrongful death lawsuits within two years of the date of death, and claims against government entities require a Notice of Claim within just 90 days. Filing the NF-2 Application for No-Fault Benefits is the most common way to satisfy the initial notice requirement.
Attorney Sanchez emphasizes that insurance adjusters are trained professionals whose primary objective is to limit the company’s financial exposure. One common tactic involves requesting recorded statements from injured individuals shortly after the accident, often before they have received a full medical evaluation. Adjusters listen for inconsistencies, admissions of fault, and statements that downplay the severity of injuries. “Saying something as simple as ‘I feel fine’ during an early conversation with an adjuster can later be used to argue that injuries are not serious,” Sanchez advises. “Individuals are not legally required to provide a recorded statement to the other driver’s insurance company.”
The firm also highlights the use of Independent Medical Examinations as a strategy insurers employ to challenge whether ongoing treatment is medically necessary. Despite the name, these examinations are conducted by physicians chosen and compensated by the insurance company, and their conclusions may provide grounds for the insurer to reduce or terminate benefits. Insurance companies may also use computer algorithms to review medical bills and flag charges they consider excessive, sometimes reducing or denying payment with minimal explanation. Adjusters may further attempt to argue that the injured party was partially at fault, pointing to minor details in the police report or questioning whether a seatbelt was worn, as even a small percentage of shared fault can reduce the amount recovered.
PIP coverage pays for medical expenses as the primary payer for crash-related bills, even when private health insurance exists, with workers’ compensation taking priority only for workplace injuries. Lost wages are covered at 80 percent of gross monthly income up to a maximum of $2,000 per month for up to three years. Other reasonable and necessary expenses are reimbursed at up to $25 per day for one year. However, PIP does not cover pain and suffering, emotional distress, or property damage. To recover these types of losses, injured individuals may need to file a separate claim or lawsuit against the at-fault driver, provided their injuries meet the serious injury threshold under New York Insurance Law § 5102(d).
Sanchez points out that protecting a claim begins at the accident scene. Documenting vehicle damage, road conditions, and visible injuries through photographs, obtaining witness contact information, and requesting a copy of the police report from the responding NYPD precinct all contribute to building a stronger case. Individuals should report the accident to their own insurer promptly but avoid speculating about fault or the full extent of injuries. “Signing broad medical authorization forms from the other driver’s insurance company can give the insurer access to an entire medical history, which they may use to argue injuries are pre-existing,” she notes. Seeking medical attention as soon as possible is also critical, as a gap between the accident date and the first medical visit gives insurers grounds to claim injuries are unrelated to the crash.
If a no-fault claim is denied, injured individuals have options including arbitration through the American Arbitration Association or filing a complaint with the New York Department of Financial Services. For third-party claims where the at-fault driver’s insurer disputes liability or injury severity, filing a personal injury lawsuit at Queens County Supreme Court may be necessary. K L Sanchez Law Office handles car accident insurance disputes for clients throughout Queens, including neighborhoods along corridors such as Queens Boulevard and Northern Boulevard. For those dealing with insurance companies after a car accident, consulting with a personal injury attorney may help protect important rights and filing deadlines.
About K L Sanchez Law Office, P.C.:
K L Sanchez Law Office, P.C. is a Jackson Heights-based law firm focused on personal injury representation, including car accident claims, insurance disputes, and no-fault matters. Led by attorney Keetick L. Sanchez, a 2022 Super Lawyers Rising Star selectee, the firm serves clients throughout all five New York City boroughs, Nassau County, and Long Island, with communication available in English and Spanish. For consultations, call (646) 701-7990.
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Phone: (646) 701-7990
Address:37-06 82nd St #304
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Website: https://accidentlawyer-queens.com/