Rear End Collision
$2,300,000
Insurer offered$85,000
Spinal cord injury after a rear end crash. The insurer offered $85,000.
Serving New York
New York Insurance Law 5106: The 30 Day No Fault Payment Rule
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In New York, Insurance Law 5106 requires your no fault insurer to pay medical bills and lost wages within 30 days of receiving proof of claim, or owe interest at two percent per month. Top USA Law files the claim correctly and enforces the deadline. Call (877) 411-5291 if a bill is being delayed.
What does Insurance Law 5106 say?
New York Insurance Law section 5106 subsection (a) sets the payment clock for no fault benefits. Once the insurer receives proof of the fact and amount of a loss, the payment is due. If it is not paid within 30 days it is overdue, and overdue benefits earn interest at two percent per month. When a claim has to be litigated or arbitrated to get paid, the statute also makes the insurer responsible for a reasonable attorney's fee.
The section exists because no fault was designed to get crash victims treated quickly without a fight over blame. The 30 day rule is the enforcement mechanism. It applies to every benefit inside basic economic loss under New York Insurance Law section 5102: medical bills, lost earnings and other necessary expenses.
The deadlines for you, the injured person, come from the regulations rather than the statute. Under 11 NYCRR 65-1.1, written notice of the accident is due to the no fault insurer within 30 days, and each medical bill is due within 45 days of the service. Miss those and the insurer may deny the bill, so the first thing we do in every New York case is get the no fault application on file.
When does the 30 day rule protect you?
It protects you whenever an insurer sits on a bill. The clock starts when the insurer receives proof of claim, which for a medical bill is the provider's bill on the standard no fault form, and for lost wages is your employer's wage verification. If the insurer wants more information it must ask within a set time, and a proper request pauses the clock only for the missing item. A vague request for 'all records' does not.
How the interest is calculated
Interest under section 5106 is simple interest at two percent per month on the overdue amount, which is 24 percent a year. On a 10,000 dollar surgical bill left unpaid for five months, the insurer owes 1,000 dollars in interest on top of the bill. That number is why carriers usually pay once a lawyer files an arbitration demand.
A worked example
A driver hurt in a Brooklyn intersection crash submits a no fault application 12 days after the accident and her physical therapy provider bills 3,200 dollars on day 40. The insurer requests an independent medical examination and then says nothing. On day 71 the bill is overdue under section 5106. We file a no fault arbitration; the insurer pays the bill, 2 percent monthly interest and our fee rather than defend the delay.
What happens if you miss your own deadlines?
If the accident notice is late, the insurer can deny the whole claim unless you show a reasonable excuse, such as being hospitalized. If a single bill is late, only that bill is at risk. Either way, your claim against the at fault driver for pain and suffering under New York Insurance Law section 5104 is separate and is not lost, but you may be left owing bills that no fault should have paid.
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Results in cases like this
T Bone Accident
$1,800,000
Insurer offered$120,000
Broken pelvis and internal bleeding at an intersection. The insurer offered $120,000.
Drunk Driver Victim
$1,500,000
Insurer offered$50,000
Traumatic brain injury caused by an impaired driver. The insurer offered $50,000.
Every case is different. Past results do not guarantee, warrant, or predict a similar outcome.
Where we help in New York
How Top USA Law uses section 5106 in New York
We file the no fault application in the first week, track every bill against the 30 day clock, and send arbitration demands the day a payment becomes overdue. That keeps your doctors treating you instead of chasing the carrier, which matters for the serious injury proof your lawsuit will need. Paul Perkins, Of Counsel, is licensed in New York. See the New York car accident lawyer page or call (877) 411-5291.
Related New York statute guides
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Frequently Asked Questions
Which insurer pays my no fault benefits in New York?
The no fault coverage on the vehicle you were in pays first. If you were a pedestrian or cyclist, the coverage on the vehicle that hit you pays. If you own a policy and were not in a vehicle, your own policy pays. In every case the insurer must meet the 30 day rule in New York Insurance Law section 5106.
What if the insurer denies a bill after an independent medical exam?
A denial based on an IME must be timely and must state the reason. You can challenge it through no fault arbitration or in court, and if the denial was wrong the insurer owes the bill, interest at two percent per month and attorney's fees under section 5106. We handle those challenges as part of the case.
Does the 30 day rule cover lost wages?
Yes. Lost earnings are part of basic economic loss under Insurance Law 5102, payable at 80 percent of your wages up to 2,000 dollars a month for up to three years. Once the insurer has your employer's wage verification and a doctor's disability note, the 30 day payment clock in section 5106 applies.
Do I still need to file a no fault claim if the other driver was clearly at fault?
Yes. No fault pays your bills regardless of fault and the insurer for the driver who hit you will not pay them directly. The no fault application, due within 30 days under 11 NYCRR 65-1.1, is the first step in every New York claim, and the lawsuit against the at fault driver comes afterward.
Last reviewed by Paul Perkins, Esq., September 2026.
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