You were stopped at a red light when someone slammed into the back of your car. Or a driver ran a stop sign and T-boned you in the middle of an intersection. The accident was not your fault, and now the questions start: Do I have to call my own insurance company? Can I just deal with the other driver’s insurer? Will my premium go up even though I did nothing wrong? What if this is my second or third accident this year? And what do I do when the other driver’s insurance company refuses to pay, even though fault is obvious?
This guide answers those questions under New York law. The short version: you should notify your own insurer, New York’s rules limit when an insurer can raise your rates for an accident you didn’t cause, and an insurance company that stonewalls a clear liability claim can be pushed.
Do I have to report a not-at-fault accident to my own insurance company?
In almost every case, yes, and for two separate reasons.
1. Your policy requires it
Nearly every auto policy requires you to give your insurer prompt notice of any accident involving your car, regardless of who caused it. Reporting an accident is not the same as filing a claim. You are simply telling your company that it happened. Skipping this step can backfire: if the other driver later claims you were partly at fault and sues you, your insurer may argue that late notice hurt its ability to defend you.
2. If you were hurt, your own insurer pays your medical bills first
New York is a no-fault state. If you or a passenger was injured, your own auto insurer (not the other driver’s) pays your reasonable medical bills, a portion of lost wages and certain other expenses, up to $50,000 in basic coverage, no matter who caused the crash. To get those benefits you generally must file a written no-fault application with your own insurer within 30 days of the accident, and medical providers must submit their bills within 45 days of treatment. Miss these deadlines and benefits can be denied.
So even when the other driver is plainly to blame, your own insurance company is usually the first call if anyone was injured.
Other reports you may need to make
Police: call 911 if anyone is hurt. A police report creates an early, neutral record of what happened.
The DMV: every driver involved must file a Report of Motor Vehicle Accident (Form MV-104) with the New York DMV within 10 days if anyone was injured or killed, or if any one person’s property damage is more than $1,000. Failing to file can lead to a suspension of your license.
Can I go straight to the at-fault driver’s insurance company?
For damage to your car, yes. You have two options, and you can choose the one that works best for you.
Option | How it works | Pros and cons |
Third-party claim with the at-fault driver’s insurer | You file a property damage claim directly with the other driver’s company. | No deductible. But you depend on a company that has no obligation to you, and it may delay or dispute liability. |
First-party collision claim with your own insurer | If you carry collision coverage, your own company pays for repairs, minus your deductible, and then pursues the other insurer (subrogation). | Usually faster. Your deductible is often recovered later if your insurer collects from the other side. |
For your injuries, as explained above, no-fault benefits come from your own policy. A claim against the at-fault driver for pain and suffering and for losses beyond no-fault is available only if your injury meets New York’s “serious injury” threshold under Insurance Law § 5102(d), which covers injuries such as fractures, significant limitation of use of a body part, and injuries that keep you from your usual activities for 90 of the 180 days after the accident.
One caution: the at-fault driver’s insurer may ask you for a recorded statement. You are not required to give one, and anything you say can be used to argue that you share some of the blame. If you were injured, it is wise to speak with a lawyer first.
Will a not-at-fault accident raise my insurance rates in New York?
New York limits when insurers can add an accident surcharge to your premium. Under the state’s merit rating rules (11 NYCRR Part 169), an insurer generally may not surcharge you for an accident when:
your car was struck in the rear by another vehicle and you were not convicted of a moving violation in connection with the accident;
your car was lawfully parked;
you were hit by a hit-and-run driver and reported it to the police within 24 hours; or
you or your insurer recovered at least one-third of the property damage from the at-fault driver or that driver’s insurer.
The rules also bar a surcharge for a single accident with property damage of $2,000 or less and no injuries, and a surcharge based on bodily injury requires that you were at fault.
That last protection matters in T-bone and other intersection crashes, which are not on the automatic list. If the other driver’s insurer pays your claim, the one-third reimbursement rule will usually prevent a surcharge. That is another reason to pursue a clear liability claim rather than simply absorbing the loss.
If your renewal shows a surcharge, the insurer must identify the accident it is relying on. If the accident was not your fault, send the insurer the police report, photos and proof of payment by the other side, and ask in writing that the surcharge be removed. If it refuses, you can file a complaint with the New York State Department of Financial Services (DFS), which regulates insurers.
What if I’ve had several accidents recently, but none were my fault?
Each accident is judged on its own. A rear-end collision where you were not ticketed does not become chargeable just because it is your third this year. But the protection for small, injury-free accidents applies only when there is a single accident in the rating period. With two or more accidents, an insurer has more room to apply surcharges unless one of the not-at-fault exceptions above covers each one.
A few practical steps help:
Keep a file for each accident: the police report, photos, the other driver’s information and any proof that the other insurer paid.
Make sure each one was reported, so your insurer has the facts that put it in the not-at-fault category.
Review every renewal notice for surcharges and challenge any that are wrong.
Can my insurance company drop me for not-at-fault accidents?
New York gives drivers significant protection here as well.
Cancellation mid-policy: once a personal auto policy has been in effect for 60 days, an insurer can generally cancel it only for nonpayment of premium, suspension or revocation of a driver’s license, or fraud or material misrepresentation (Insurance Law § 3425). Not-at-fault accidents are not on that list.
Non-renewal: an insurer may decline to renew at the end of a policy term, but it must give you written notice 45 to 60 days in advance stating the reasons, and state law limits how many policies an insurer may non-renew each year.
If you receive a non-renewal that seems based on accidents you didn’t cause, ask the insurer in writing for the specific reasons and the claims it relied on, and consider a complaint to DFS. Even if a non-renewal stands, coverage is still available through other insurers or, as a last resort, through the New York Automobile Insurance Plan.
The other driver’s insurer is fighting a clear claim. What now?
It happens more than it should. The other driver rear-ended you or ran a red light, and the insurer still delays, offers far too little, or claims you were partly to blame. Some insurers count on people giving up.
New York law is on your side in the most common crashes
Rear-end collisions: drivers must keep a safe distance and must not follow too closely (Vehicle and Traffic Law § 1129). New York courts consistently hold that hitting a stopped or slowing car from behind is presumed to be the rear driver’s fault unless that driver offers a legitimate, non-negligent explanation. “The car in front stopped short” usually is not enough.
T-bone and intersection crashes: a driver who runs a stop sign or red light, or fails to yield the right of way (for example, Vehicle and Traffic Law §§ 1111 and 1142), is generally negligent. A driver with the right of way is entitled to expect that others will obey the law.
Shared fault does not end a claim: New York follows pure comparative negligence. Even if you were found partly at fault, your recovery is reduced by your share, not eliminated.
Practical steps when an insurer stonewalls
Put everything in writing. Confirm phone calls by email, and ask the adjuster to state the reason for any denial in writing.
Send the evidence. The police report, photos of the damage (especially rear and side impact points), dashcam or nearby video, witness information and repair estimates.
Use your own collision coverage. If the other insurer is dragging its feet, let your own company repair your car and pursue the other insurer. Insurers resolve these disputes between themselves, often through intercompany arbitration.
File a complaint with DFS. New York regulations require insurers to investigate and pay claims promptly and fairly. A DFS complaint often moves a stalled claim.
Consider small claims court for property damage. You can sue the at-fault driver for up to $10,000 in New York City small claims court ($5,000 in other city courts and $3,000 in town and village courts) without a lawyer.
Talk to a lawyer if you were hurt. An injury claim against the at-fault driver involves the serious-injury threshold, medical proof and deadlines. A lawyer can deal with the insurer for you and, if necessary, file suit, where the evidence of fault in a rear-end or T-bone crash often supports an early ruling on liability.
Deadlines to keep in mind
No-fault application: generally 30 days from the accident.
DMV report (MV-104): 10 days, if required.
Lawsuit against the at-fault driver: generally three years from the accident for personal injury and property damage.
Government vehicles: if a city, county or other public vehicle was involved, a notice of claim is generally due within 90 days, much sooner than the normal deadline.
Quick checklist after a not-at-fault accident
Call 911 if anyone is hurt, and get medical care.
Photograph the vehicles, the scene and any injuries, and collect the other driver’s license, plate and insurance information.
Notify your own insurer promptly, and file a no-fault application within 30 days if anyone was injured.
File an MV-104 with the DMV within 10 days if required.
Decide whether to claim your vehicle damage through your collision coverage or the other driver’s insurer.
Don’t give the other insurer a recorded statement before getting advice.
Check your renewal for surcharges, and challenge any for an accident that wasn’t your fault.
Talk to a New York car accident lawyer
If you were injured in a crash that wasn’t your fault, or the other driver’s insurer is refusing to treat you fairly, Leitner Warywoda PLLC can help. Our attorneys handle car, truck, pedestrian and e-bike accident cases throughout New York City, Long Island and New York State. Learn more about our car accident practice, or contact us for a free case review. There is no fee unless we recover for you.
Frequently asked questions
Does filing a no-fault claim raise my rates if the accident wasn’t my fault?
Under New York’s merit rating rules, an accident can be surcharged for bodily injury only if you were at fault. A no-fault claim alone, from an accident someone else caused, generally should not support a surcharge.
Should I let my insurance company or the other driver’s insurer fix my car?
Either can work. Using your own collision coverage is often faster, but you pay the deductible up front and recover it only if your insurer collects from the other side. Going through the other insurer avoids the deductible but leaves you dependent on a company that represents the other driver.
The other insurer says I was partly at fault for being rear-ended. Is that right?
Usually not. New York presumes the rear driver is at fault unless that driver has a legitimate, non-negligent explanation. Ask the adjuster to explain the basis in writing, and get legal advice if you were hurt.
What if the at-fault driver had no insurance or fled?
Your own no-fault coverage still pays your medical bills and lost wages. Your uninsured motorist coverage, or in some cases the Motor Vehicle Accident Indemnification Corporation (MVAIC), may cover the rest. For a hit-and-run, report it to the police within 24 hours.
How long do I have to file a lawsuit?
Generally three years from the accident, but shorter deadlines apply to no-fault benefits (30 days) and to claims involving government vehicles (90 days for a notice of claim). Don’t wait until the end.
Attorney Advertising. This article provides general information about New York law and is not legal advice. Insurance policies differ, and the rules described here can change. Reading this article does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Leitner Warywoda PLLC, 44 Elm Street, Suite 19, Huntington, NY 11743, (631) 240-4390.