Key Takeaway
Long Island personal injury attorney discusses how COVID-19 pandemic may transform court proceedings and no-fault insurance practice in New York.
This article is part of our ongoing no-fault coverage, with 271 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.
Because of what is going on in the world and our collective practices, I want to halt, for a second, the sporadic rolling debate I have here – often with myself – regarding fee schedules, conditions precedent to coverage, policy deductibles, NF-10s, 5102(d) – among other things. The more pressing issue we probably have is where do we go from here.
I am writing this essay more as to give my thought process of what happens occupationally when life resumes. First, we need to conquer this monster that I think has enveloped this country and the world. We can leave Washington’s response and the Trump administration’s initial indifference to the annals of history and for my Facebook feed – although I am done there even trying to cull fact from fiction. As our governor said today, and he is right, that is behind us.
We will get through the panicking, the short term food shortages, the massive drop in the stock market, the impending quarantine, the collective suffering and the drop in committed torts, which “employs” everyone (to some extent) who reads this blog.
Whether it is May or October, this will be over. Rip Van Winkle eventually woke up, right? What I want to write about – and it is more tangential at this moment – is what happens to a sizable piece of our practice. And this does interest me on a few levels. To me, what are we are going to learn is that crowded special term parts, stuffed CCP parts, standing room only IAS parts and cluttered TAP parts are vestiges of a bygone era.
The out of state practitioners or those who have a a multi state practice (outside the northeast) know very well that court cases up until trial are often handled telepathically, through skype or other video-conferencing mediums.
To give you an example, absent a “special set hearing”, Florida courts allow and encourage motions to be handled through telephone appearances. They call that the 8:30 5 minute calendar. California operates similarly.
This crisis has commendably forced Court administrators to require PC’s, CC’s and motions to be handled through telephonic appearance or Skype. In fact, argument on App. Div. First Department matters are now being done through Skype.
I received an elaw update that Civil Queens is looking to handle their motion calendar similarly. In reality, it should not have taken a terrible crisis to force this to occur. New York desperately needs to move out of the 20th century in terms of its appearances and lack of e-filing (especially in the non-superior Courts)
For those who complain that the motion calendars are too long, the simple answer is probably to shorten the calendars out to no more than 20 final motions a day, carry the calendars out 2 or 3 years if necessary and the judges (who will not have too many final motions per day) should either grant, deny, grant in part or deny in part the motion at the hearing and make the winning party e-file an order. (Yes, e-filing is necessary to make sure all papers are properly collated – this cannot work with the problematic 1970s system that represents the Civil Courts paper filing regime)
Some novel cases obviously should be submitted. And of course, courts that do not have large volumes can follow the Nassau, Suffolk, Westchester approach and take everything on submission.
The final trials should be pushed out long enough so all motion practice that is possible has long since passed and a final trial date really does mean that. The court should encourage video depositions also to allow a greater ease of use on medical type cases. Orders of reference should be issued for simple framed issue no fault trials and, while you may not like to hear this, the Civil Court index number fee should probably triple to afford the courts the resources and the ability to implement these solutions.
The point is – and this is just an essay of some thoughts – is that this crisis is forcing us to do better.
I understand there will be those who lose out. Per diems will be less needed. Associates who only exist to adjourn cases and to show their faces in Court and AAA hearings may not be as necessary. But a more fluid system that can work more remotely, more pointedly and which – let’s be honest – is the wave of how law is really practiced and how society works, will help our broken court system. Because, let’s also admit this fact – the Civil Court system is broken. You cannot shoe horn a 1970s methodology into a 2020 practice.
And finally, stay safe. Travel only as needed, and look out for your neighbor – that could be you one day.
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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.
271 published articles in No-Fault
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Jan 27, 2012Common Questions
Frequently Asked Questions
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.
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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.
