The 30-Day New York No-Fault Claim Filing Deadline

Not legal advice. Deadlines can depend on the claimant, insurer, defendant, agency, and facts of the accident. Legal review: no reviewing attorney was identified in the supplied record. Last verified: August 29, 2026. The record does not include a 2025–2026 session-law check confirming that every listed deadline remains unchanged.

The deadline that can be relied on most confidently in this record is the New York no-fault claim rule: written proof of claim must be submitted to the no-fault insurer within 30 days of the accident. The other windows below are useful filing leads, but their official statutory text has not been retrieved here.

The 30-day no-fault deadline is the load-bearing rule

OGC Opinion No. 08-06-01 states that “Section 65-1.1 of N.Y. Comp. Codes R. & Regs. (NYCRR) Tit. 11, Part 65 (Regulation 68-A) requires the submission of written proof of claim of a motor vehicle accident to an insurer within 30 days of the accident.” [1] The trigger identified in that rule is the accident date, and the filing event is written proof of claim to the insurer.

The same OGC opinion answers “No” to whether an insurer may deny a no-fault claim solely because the claimant did not submit an NF-2 form. [1] That conclusion is narrower than a complete late-filing rule. The supplied opinion does not provide a verbatim reasonable-justification or good-cause standard, and the record contains no citable court order or Department of Financial Services determination applying a late-filing exception. An NF-2 omission, standing alone, should therefore not be treated as the entire legal analysis—but the materials also do not authorize a fixed statement about when a late claim must be excused.

One source discrepancy should be kept visible rather than smoothed over. A 2026 law-firm blog attributes the 30-day deadline to 11 NYCRR 65-2.4 and Insurance Law 5106, while the official OGC opinion identifies 11 NYCRR 65-1.1, Regulation 68-A. [6] For this record, the official OGC citation controls. The conflicting attribution is a reason to retrieve the regulation when preparing a filing, not a reason to replace the primary citation with the blog's formulation.

A no-fault claim does not automatically become a negligence lawsuit

The lawsuit deadlines belong to a different track. Secondary sources describe a three-year period for a bodily-injury negligence action under CPLR 214(5), measured from the accident date. [2] That is a research lead, not a primary-verified filing instruction in this record. Before treating it as filing-safe, retrieve the current statutory text and check for facts that could alter the limitations analysis.

There is also a threshold between receiving no-fault benefits and pursuing negligence damages. Insurance Law 5102(d) is described in the supplied materials as requiring a qualifying “serious injury”; the secondary summary identifies nine categories, including the 90/180-day category involving substantially curtailed customary daily activities. It also describes the need for objective clinical findings in the threshold analysis. [4] The point is not that every no-fault claimant automatically has a lawsuit. The threshold determines whether the lawsuit track can proceed at all.

The research packet also reports a $50,000 per-person basic economic-loss cap for no-fault coverage. [4] That figure describes the no-fault benefits framework; it does not convert the no-fault claim deadline into a negligence-action deadline, and it does not establish that a claimant has met the serious-injury threshold.

Wrongful death and claims involving NYC agencies need separate source checks

The secondary sources describe a two-year wrongful-death limitations period under EPTL 5-4.1. [3] Because the official statutory text was not supplied, that row should remain marked secondary. It should not be copied into a filing calendar as though the current record had independently verified every element of the period.

For claims involving the New York City entities identified in the sources—NYC, NYCHA, the MTA, NYC Department of Education, and NYC Health + Hospitals—the secondary summaries describe a 90-day Notice of Claim requirement followed by a one-year-and-90-day suit period. [3] The scope matters. The supplied materials do not support extending that row to every government-owned vehicle, or to county, town, or state defendants.

The 45-day medical-bill and 90-day lost-wage proof windows are supplemental no-fault documentation entries from a secondary source. [5] They should not displace the 30-day written-proof-of-claim deadline, and the packet does not elevate them to the same verification status as the OGC-supported rule.

What to rely on before filing

For the no-fault track, anchor the file to the accident date and document written proof of claim to the insurer within 30 days. Use the OGC opinion and its 11 NYCRR 65-1.1 citation as the controlling source in this record. Do not treat the absence of an NF-2 form alone as a complete basis for denial, but do not infer from that conclusion that every late submission is automatically protected.

For the lawsuit, wrongful-death, or NYC-agency rows, retrieve the official text of CPLR 214(5), EPTL 5-4.1, and GML 50-e, then check for current session-law changes and defendant-specific requirements. The present record supports using those deadlines as prompts for investigation—not as the final authority in a filing calendar.

References

1. OGC Opinion No. 08-06-01 — New York State Department of Financial Services
2. What Is New York’s Serious Injury Threshold for Car Accidents? — Goldberg Sager & Associates
3. Wrongful Death — Nicholas Rose Law; What Is EPTL 5-4.1? — Orlow Firm
4. What Is the Serious Injury Threshold for NYC Auto Accidents? — Newman Firm
5. Understanding No-Fault Insurance in New York — Godosky & Gentile
6. Car Accident No-Fault 30-Day Deadline in New York — JTNY Law