What is New York No-Fault Insurance (Regulation 68)?

New York is one of a select group of states that operates under a "No-Fault" motor vehicle insurance regime (New York Insurance Law Article 51, commonly governed by Regulation 68). Understanding how this system works is essential for anyone injured in a New York crash.

What Does NY No-Fault Cover?

No-Fault insurance—also known as Personal Injury Protection (PIP)—provides up to $50,000 per person in basic economic loss benefits, regardless of who was at fault for the collision. Covered expenses include:

• All reasonable and necessary medical, surgical, dental, hospital, and rehabilitation expenses.
• 80% of lost earnings from work, up to a statutory maximum of $2,000 per month for up to three years.
• Up to $25 per day for other reasonable and necessary out-of-pocket expenses (e.g. transportation to medical appointments).

The 30-Day Filing Rule

You must file written notice of your claim (Form NF-2) with the applicable insurer within 30 calendar days of the accident date. Failure to meet this strict window provides the insurance carrier legal grounds to deny all future medical coverage.

Stepping Outside No-Fault for Pain & Suffering

No-Fault covers medical bills and basic lost wages, but it does not compensate for pain, suffering, emotional distress, or loss of enjoyment of life. To file a lawsuit against the at-fault driver for non-economic damages, your injury must meet New York’s statutory "Serious Injury Threshold" (NY Insurance Law § 5102(d)), which includes fractures, significant disfigurement, permanent limitation of a body organ or member, or a medically determined non-permanent injury preventing normal daily activities for 90 of the first 180 days.