Why Trust This Analysis
This article is part of our ongoing no-fault coverage, with 273 published articles analyzing no-fault issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
A One-Month Delay in Posting — Reasonable Excuse Established
Running a successful New York no-fault insurance law practice while maintaining an informative legal blog presents unique challenges. The demands of active litigation—from complex trials to intensive deposition schedules—can sometimes take precedence over regular content creation. This brief reflection from attorney Jason Tenenbaum offers insight into the realities of balancing legal practice with educational content, particularly when handling challenging cases that require extensive time and attention.
The legal profession often involves periods of intense focus on specific matters, whether they involve challenging judicial decisions or complex procedural issues like CPLR requirements. During these demanding periods, even the most committed practitioners may find their usual routines disrupted by the pressing needs of their clients and cases.
Jason Tenenbaum’s Analysis:
Sounds like a post for a good case? Sorry. Even the pressures of life can keep me from posting. I will probably never abandon this blog. Makes me the last of the Mohicans? But, when I am on the road attending to rough trials, hearings and deposition schedules that do not let up, this blog seems to suffer a bit. Rest assured, I am not taking up less than intelligent appeals or trying an endless medical malpractice case (learned my lesson). Admittedly, I tried writing a no-fault practice treatise but I seem to always get diverted with practice related issues. That is where the narrative here ends…
”Reasonable Excuse” Is a Term of Art in New York
The title of this post is a litigator’s joke. In New York civil practice, “reasonable excuse” is the phrase courts use when deciding whether to forgive a party’s default or delay. A defendant who fails to answer a complaint, a party who misses a court appearance, or a litigant who blows a deadline will generally need to demonstrate two things to obtain relief: a reasonable excuse for the default and a potentially meritorious claim or defense. That framework comes from CPLR 5015(a)(1), which authorizes a court to vacate a judgment or order entered on default upon a showing of excusable default.
The companion provision is CPLR 2005, which makes clear that courts may, in the exercise of discretion, accept “law office failure” as a reasonable excuse. The statute was a legislative response to earlier case law that had treated law office failure as categorically insufficient. Today, a calendaring mistake, a misfiled answer, or a breakdown in communication inside a law office can excuse a default — but acceptance is never automatic.
How Courts Weigh Law Office Failure
Because the standard is discretionary, the details matter enormously. Courts distinguish between a detailed, credible, and documented explanation of an isolated inadvertent error and a conclusory assertion that “the file fell through the cracks.” The former may be accepted; the latter routinely is not. A pattern of repeated neglect over the life of a case tends to defeat the excuse, no matter how it is packaged.
Other recurring factors include how promptly the defaulting party moved for relief once the problem surfaced, whether the adversary suffered any prejudice from the delay, whether the default was willful, and the strong public policy favoring resolution of disputes on the merits. A party who acts within days of discovering a default, supported by an affidavit explaining exactly what went wrong and an affidavit of merit, stands in a very different position from one who surfaces a year later with a two-sentence excuse.
Why This Matters in Volume Litigation
No-fault and personal injury litigation are volume practices on both sides of the caption. Carriers and their counsel manage thousands of pending collection suits; provider-side firms file them in bulk. In that environment, deadlines slip — answers go unserved, motions go unopposed, appearances get missed. Whether a court will forgive the slip often determines whether a case is decided on its merits or on a default.
The flip side deserves mention as well: a plaintiff who obtains a default cannot sit on it indefinitely. As discussed elsewhere on this blog in connection with CPLR 3215(c) and CPLR 5015(a), the failure to take proceedings for entry of judgment within one year of a default invites dismissal of the complaint — and there, too, the plaintiff ends up arguing about whether it has a reasonable excuse. The doctrine cuts in every direction.
A one-month lapse in blogging costs nothing but pride. A one-month lapse in answering a complaint can cost a judgment, and the motion practice to undo it will consume far more time than the original deadline ever would have.
Key Takeaway
The practice of law requires intense focus and dedication, particularly when handling complex litigation matters. While maintaining educational resources like blogs is important for the legal community, the immediate needs of clients and active cases must take priority. This balance between practice and education reflects the real-world challenges facing dedicated attorneys. And when the press of business does cause a real deadline to slip, the difference between relief and disaster is usually a prompt motion, a detailed explanation, and a showing of merit.
Related Resources
Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
273 published articles in No-Fault
Keep Reading
More No-Fault Analysis
Car Accident Recorded Statement in New York: Should You Give One?
The at-fault driver's adjuster wants a recorded statement within days of a New York car accident — and that call is designed to weaken your case. Long Island attorney Jason...
Apr 5, 2026
Who Pays Car Accident Medical Bills in New York? A Step-by-Step Guide
New York no-fault PIP, primary health insurance, Medicaid/Medicare, and litigation liens — the full payment ladder for car-accident medical bills. Long Island attorney Jason...
Apr 5, 2026
An exercise in absurdity
New York no-fault insurance case analysis examining peer review evidence requirements and stipulation breaches in medical necessity defenses.
Dec 15, 2010
Policy exhaustion -or was it?
New York court ruling shows insurance companies must properly prove policy exhaustion claims with adequate foundation for payment records under CPLR 4518.
Jul 13, 2022
Court of Appeals Judges From Prosecutor Backgrounds: What a Criminal-Law Bench Means for Civil Litigants
New York Court of Appeals judges with prosecutor backgrounds deciding insurance and personal injury appeals — why bench composition matters to civil litigants.
Jun 11, 2021
SUM Insurance Game Changer: Non-Motor Vehicle Tortfeasor Offsets Redefined in New York
New York appellate ruling redefines SUM insurance offset calculations for motor vehicle accidents involving non-motor vehicle tortfeasors like municipalities.
Jun 9, 2016Frequently Asked Questions
Common Questions About This Topic
5 answers from the firm's New York personal-injury and employment-law practice. Click any question to expand.
What is New York's no-fault insurance system?
New York's no-fault insurance system, codified in Insurance Law Article 51, requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses, lost wages (up to $2,000/month), and other basic economic loss regardless of who caused the accident, up to $50,000 per person. However, to sue for pain and suffering, you must meet the 'serious injury' threshold under Insurance Law §5102(d).
How do I fight a no-fault insurance claim denial?
When a no-fault claim is denied, you can challenge it through mandatory arbitration under the American Arbitration Association's no-fault rules, or by filing a lawsuit in court. Common defenses to denials include challenging the timeliness of the denial, the adequacy of the peer review report, or the insurer's compliance with regulatory requirements. An experienced no-fault attorney can evaluate which strategy gives you the best chance of overturning the denial.
What is the deadline to file a no-fault claim in New York?
Under 11 NYCRR §65-1.1, you must submit a no-fault application (NF-2 form) within 30 days of the accident. Medical providers must submit claims within 45 days of treatment. Missing these deadlines can result in claim denial, though there are limited exceptions for late notice if the claimant can demonstrate a reasonable justification.
What no-fault benefits am I entitled to after a car accident in New York?
Under Insurance Law §5102(b), no-fault PIP covers necessary medical expenses, 80% of lost earnings up to $2,000/month, up to $25/day for other reasonable expenses, and a $2,000 death benefit. These benefits are available regardless of fault, up to the $50,000 policy limit. Claims are paid by your own insurer — not the at-fault driver's.
Can I choose my own doctor for no-fault treatment in New York?
Yes. Under New York's no-fault regulations, you have the right to choose your own physician, chiropractor, physical therapist, or other licensed healthcare provider. The insurer cannot dictate which providers you see. However, the insurer can request an IME with their chosen doctor and may challenge the medical necessity of your treatment through peer review.
Was this article helpful?
About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a no-fault matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
