Key Takeaway
Court ruling reinforces 30-day notice requirement for no-fault claims, with insurance company successfully defending late notice denial under 11 NYCRR 65-1.1.
New York’s no-fault insurance system operates under strict procedural requirements, and one of the most fundamental is the 30-day notice rule. Medical providers and other parties seeking reimbursement under no-fault policies must submit written notice of an accident within 30 days of its occurrence, as mandated by 11 NYCRR 65-1.1. When this deadline is missed, insurance companies can deny claims based solely on late notice, shifting the burden to the claimant to demonstrate reasonable excuse for the delay.
The Dynasty Med. Care case exemplifies how courts analyze these timing disputes. Here, the insurance company received the required NF-2 form more than 30 days after the accident, providing clear grounds for denial. The insurer properly followed protocol by timely mailing denial forms and advising that late notice could be excused only with reasonable justification under 11 NYCRR 65-3.3.
Jason Tenenbaum’s Analysis:
Dynasty Med. Care, P.C. v 21st Century Sec. Ins. Co., 2018 NY Slip Op 51550(U)(App. Term 2d Dept. 2018)
“Contrary to plaintiff’s contentions, defendant established that it had first learned of the accident on the date it had received an NF-2 form, which form had been submitted more than 30 days after the accident had occurred, and that it had timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 ) its denial of claim forms, which denied plaintiff’s claims on the ground that written notice of the accident had not been submitted to defendant within 30 days of its occurrence (see 11 NYCRR 65-1.1 ). The denial of claim forms further advised plaintiff that late notice would be excused if reasonable justification for the failure to give timely notice was provided (see 11 NYCRR 65-3.3 ). As defendant established its prima facie entitlement to judgment as a matter of law ”
Always interesting.
Key Takeaway
This decision reinforces that insurance companies can successfully defend no-fault claims by proving they received written notice more than 30 days after an accident occurred. The court emphasized that timely written notice is required - oral notice alone may not suffice - and that insurers must properly advise claimants about potential exceptions for late notice with reasonable justification.
Legal Update (February 2026): Since this post’s publication in 2018, the no-fault insurance regulations cited (11 NYCRR 65-1 and 11 NYCRR 65-3) may have been amended, and New York’s no-fault fee schedules and procedural requirements have undergone periodic updates. Additionally, subsequent case law may have refined the analysis of timely notice requirements and reasonable excuse standards. Practitioners should verify current regulatory provisions and recent judicial interpretations when advising on notice timing issues.
