Key Takeaway
Court of Appeals clarifies 3-year vs 6-year statute of limitations for no-fault insurance claims against self-insured entities in New York.
This article is part of our ongoing statute of limitations coverage, with 16 published articles analyzing statute of limitations 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.
Contact Chiropractic, P.C. v New York City Tr. Auth., 2018 NY Slip Op 03093 (2018)
4-3 holding. For self insured entities, the statute of limitations is 3 years.
Judge Stein was blunt in saying: “I concur in the majority’s analysis and conclusion. However, I write separately to point out that, on this appeal, we do not resolve the question of whether insurance companies who issue contractual insurance policies covering no-fault claims are subject to a three- or six-year statute of limitations, as that question is not before us.”
The majority:
(1) “We previously have recognized the complex “nature of the statutory and regulatory scheme of the No-Fault Law” (id. at 505), characterizing it as a “Rube-Goldberg” like maze (Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274, 286 ). This matter is another illustration of the intricacy of that law.”
(2) “To the extent a registrant elects to forego insurance, the alternative form of financial security chosen (be it self-insurance under Vehicle and Traffic Law § 316 or the financial security bond referenced in § 312) must satisfy Insurance Law § 5103, which generally requires the payment of no-fault benefits (minimum amounts of which are specified in 11 NYCRR 65-1.1) and which applies its provisions to any contract for insurance that does not meet the demands of that article”
(3) “We conclude that the three-year statute of limitations as set forth in CPLR 214 (2), which governs disputes with respect to penalties created by statute, should control this case.”
(4) “The no-fault benefits in dispute are not provided by a contract with a private insurer. Instead defendant has met its statutory obligation by self-insuring. No-fault is a creature of statute ”
(5)”Our holding in Aetna Life Ins. Co. is directly applicable here. As we stated in that case, “first-party benefits are a form of compensation unknown at common law, resting on predicates independent of the fault or negligence of the injured party” (id. at 175). In the absence of private law requiring defendant to pay first-party benefits (that is, in the absence of a contract for insurance), the only requirement that defendant provide such remuneration to the assignee as a result of the accident appears in relevant [*2]parts of the Vehicle and Traffic Law and the Insurance Law. Consequently, the source of this claim is wholly statutory, meaning that the three-year period of limitations in CPLR 214 (2) should control this case”
(6) “Applying the three-year statute of limitations set forth in CPLR 214 (2) does not alter the substantive protections afforded under the no-fault law to those with a claim against a self-insurer.” (this was the part that some of the judge’s had a terrible time acknowledging)
I would like to read a bit into Judge Stein’s concurrence. It appears that the next time this issue comes up, it may be a 3 year SOL across the board. I think the people that really get hurt the most here are EIP’s with non-assigned claims that wait for their PI cases to resolve before addressing no-fault lien or wage issues.
Related Articles
- Six year statute of limitations for no-fault insurance claims
- Three year statute of limitations for common carriers in the First Department
- When the six year statute of limitations period begins for no-fault claims
- How to save a case brought outside the applicable statute of limitations
Legal Update (February 2026): Since this 2018 post, New York’s no-fault insurance regulations under 11 NYCRR 65-1 have undergone multiple amendments, including updates to benefit schedules and procedural requirements. Additionally, subsequent appellate decisions may have further clarified the statute of limitations framework for both self-insured entities and traditional insurance carriers in no-fault claims. Practitioners should verify current statutory provisions and recent case law developments when advising on limitation periods.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
Keep Reading
More Statute of Limitations Analysis
Wrongful Death Statute of Limitations
Learn about wrongful death statute of limitations in New York. Understand the 2-year deadline, exceptions, and how timing affects your legal rights and compensation.
Apr 15, 2025NY CPLR 2004: Lessons in Legal Precision and Court Procedures
Learn how the Calderone v. Molloy College case impacts legal deadline extensions and what CPLR 2004 means for court filing procedures.
Dec 17, 20243-2-1 Contact!
A significant no-fault insurance case heads to New York's Court of Appeals, potentially resolving the statute of limitations dispute for self-insured entities.
May 13, 2016Appellate Term declines to follow First Department 3-year self insured statute of limitations precedent
Appellate Term follows Second Department precedent over First Department ruling in no-fault insurance statute of limitations dispute involving self-insured entities.
Dec 8, 2013A tongue twister regarding when a cause of action accrues
Complex no-fault insurance statute of limitations case examining accrual dates, claim submission timing, and procedural errors in New York courts.
Apr 16, 2011A short and sweet primer on how to save a case that has been brought outside the applicable statute of limitations
Learn strategic methods to save cases filed outside statute of limitations deadlines, including intervention, consolidation, and relation-back doctrine applications.
May 4, 2010Common Questions
Frequently Asked Questions
What are the key statutes of limitations in New York?
Personal injury: 3 years (CPLR §214). Medical malpractice: 2.5 years (CPLR §214-a). Property damage: 3 years. Breach of contract: 6 years. Employment discrimination (NYSHRL): 3 years. No-fault claims must be filed within 6 years of the denial. Each claim type has its own deadline, and missing it typically bars the claim entirely.
Can the statute of limitations be extended or tolled?
Yes, in limited circumstances. Tolling may apply for infancy (under 18), insanity, or when the defendant is out of state. The discovery rule may apply in medical malpractice (continuous treatment doctrine) or toxic exposure cases. Military service under the Servicemembers Civil Relief Act also tolls limitations periods.
What is the statute of limitations for no-fault insurance claims?
A lawsuit to recover no-fault benefits must be commenced within 6 years of the insurer's denial of the claim, per the breach of contract statute (CPLR §213). The claim accrues on the date of the denial, not the date of the accident or treatment. Arbitration requests have different timing rules under the no-fault regulations.
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 statute of limitations 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.