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No-fault claim denial attorney Long Island
★★★★★ 4.9 Rating • 200+ Reviews

Claim Denied?
100,000+ No-Fault Cases. We Know Every Trick.

Insurance carriers deny legitimate claims using verification delays, peer review opinions, and EUO traps. Jason Tenenbaum has handled over 100,000 no-fault cases and written 2,600+ articles on these exact defenses.

Serving Long Island, Nassau County, Suffolk County & All of NYC

100K+

Cases Handled

24+

Years Experience

$0

Upfront Cost

24/7

Available

Every Denial Has a Weakness

Why Was Your Claim Denied?

Medical Necessity Denial

The carrier relies on a peer review or IME opinion that the treatment was not medically necessary; the denial must set out a factual basis and a medical rationale, and the provider answers it with proof of necessity.

EUO No-Show Defense

The carrier says the provider or the injured person failed to appear for an examination under oath; it must prove the scheduling letters were mailed and the examination was not attended.

Verification Defense

The carrier says verification it requested was never supplied. A claim is not overdue while a proper request is outstanding, and the request and any follow-up must be proved (11 NYCRR 65-3.5, 65-3.8).

Fee Schedule Reduction

The carrier pays less than billed under the workers' compensation fee schedule; the dispute is whether the code, the rate and the reduction were correct.

IME Cutoff

After an independent medical examination the carrier stops paying for further treatment; the examiner's report and its rationale decide whether the cutoff holds.

Late Claim Filing

The carrier says the accident notice or the bill arrived after the deadline in the policy endorsement (11 NYCRR 65-1.1); a late submission may be excused with a reasonable justification.

Policy Exhaustion

The carrier says the $50,000 in basic economic loss has been paid out; whether the claims were paid in the order the regulation requires (11 NYCRR 65-3.15) is the question.

Fraud Investigation Defense

The carrier alleges a staged accident, a fraudulently procured policy, or a provider that is not properly licensed or owned; each theory carries its own proof burden.

Proven Track Record

Denials Exposed. Claims Recovered.

No-fault cases are high volume. These results reflect the kind of recoveries we secure by dismantling carrier defenses one by one.

$450K

Medical Provider Recovery

Aggregate recovery across multiple denied claims after the carrier's pattern of untimely handling was shown

$250K

Overturned IME Cutoff

Insurer relied on a single IME to cut off all treatment; the report did not hold up at arbitration

$180K

Fee Schedule Dispute

Carrier reduced reimbursements below the workers' compensation fee schedule; the full amount was restored

$150K

EUO No-Show Defense Defeated

Carrier claimed the provider missed the EUO; the scheduling letters were never properly mailed

$125K

Verification Defense Overturned

Insurer issued boilerplate verification requests to run out the clock; the defense was untimely

$95K

Late Denial Penalty

Carrier denied the claim 47 days after receipt, past the 30-day deadline under Insurance Law § 5106

Past results do not guarantee a similar outcome. Each case is unique.

Simple Process

Getting Started Takes 5 Minutes

1

Call or Click

Reach us 24/7 at (516) 750-0595 or submit your denial online. We respond within minutes.

2

Free Claim Review

We review your denial letter, identify every procedural defect, and explain your options. No jargon, no pressure.

3

We Fight the Carrier

We handle arbitration, litigation, appeals — everything. We demand the full claims file and dismantle their defense.

Why Tenenbaum Law

The No-Fault Authority

No-fault insurance law is our foundation. Jason Tenenbaum has spent 24 years immersed in this practice area — representing both sides, shaping the case law, and writing the articles that other attorneys cite. No firm in New York brings this depth of no-fault experience to your denial.

100,000+ No-Fault Cases Handled

Unmatched volume experience across every denial type — medical necessity, EUO, verification, fee schedule, and more.

2,600+ Published Articles on No-Fault Law

The deepest no-fault knowledge base of any firm in New York — covering every regulation, defense, and appellate decision.

Both Sides Expertise

We defend carriers and represent providers — so we know every tactic, every loophole, and every weakness in a carrier's denial.

Appellate Authority

1,000+ appeals handled — shaping the very case law that carriers and arbitrators rely on in no-fault disputes.

★★★★★
"After two other firms told us nothing could be done, Jason's team got every single denied claim overturned. They knew exactly what the carrier did wrong and proved it at arbitration."
M

Dr. M. Patel

Medical Provider, Nassau County

The Legal Framework

NY No-Fault Denial Law

The regulations governing no-fault claims are dense and procedural. Every deadline, every notice requirement, every verification rule is a potential weakness in the carrier's denial. Here is the framework we use to dismantle them.

Insurance Law §5106 — Prompt Payment

Carriers must pay or deny within 30 days of receiving proof of claim. Failure to comply means the denial may be untimely — precluding nearly all defenses.

11 NYCRR 65-3.5 — Verification Procedures

Carriers must request verification within 15 business days of receiving a claim. Late or defective requests waive the verification defense entirely.

11 NYCRR 65-3.8 — Denial Timeframes

Strict timelines govern when a carrier must issue a denial of claim form (NF-10). Missing the window creates an untimely denial defense for the claimant.

Medical Necessity & Peer Review

Carriers rely on peer reviews and IMEs to deny treatment as not medically necessary. These opinions are rebuttable with the treating physician's clinical findings and contemporaneous records.

EUO Scheduling Requirements

Carriers must properly schedule and mail EUO notices. Failure to prove proper mailing of two notices — or unreasonable scheduling conditions — defeats the EUO no-show defense.

Fee Schedule (Workers' Comp Rates)

No-fault reimbursement is tied to the Workers' Compensation fee schedule. Carriers frequently miscalculate or improperly reduce payments below allowable rates.

Untimely Denial Defense

When a carrier fails to deny within the regulatory timeframe, it is precluded from asserting most coverage defenses — one of the most powerful tools in no-fault litigation.

Arbitration vs. Litigation

Most no-fault disputes proceed through AAA arbitration, but complex cases may warrant Civil Court litigation. We handle both and recommend the path that maximizes your recovery.

We have written extensively on every one of these topics. Browse our 2,600+ articles for deep dives into specific no-fault defenses and case law.

What this page covers, and what it does not

This page is about first-party no-fault benefits under Insurance Law Article 51 and 11 NYCRR Part 65: the claims of medical providers who treated a person injured in a motor vehicle accident, and the claims of the injured person for medical bills, lost wages and other expenses. That is the insurance work the firm does. The firm does not take homeowner, flood, life, disability, health or ERISA claim denials, and it does not bring bad-faith actions against carriers on those policies.

If your denial is on one of those policies, the New York Department of Financial Services takes consumer complaints against insurers at dfs.ny.gov/complaint, and a lawyer who handles that line of coverage should read the denial letter and the policy.

If your denial is a no-fault denial, the rest of this page and the firm's case notes are written for you.

Common Questions

No-Fault Denial FAQ

Why was my no-fault claim denied?
Common denial reasons include alleged lack of medical necessity (based on an IME or peer review), failure to appear at an Examination Under Oath (EUO), outstanding verification requests, late claim submission, fee schedule disputes, or fraud investigations. Insurance carriers use these defenses strategically — many are procedurally defective and can be overturned.
What is an EUO and can my claim be denied for missing it?
An Examination Under Oath (EUO) is a recorded interview the insurance carrier can demand from a claimant or provider. Missing an EUO can result in denial, but the carrier must prove proper scheduling — including timely mailing of two EUO notices. If the carrier cannot prove proper mailing procedures, the EUO no-show defense fails.
What is a verification defense?
Under 11 NYCRR 65-3.5, a carrier may request additional verification within 15 business days of receiving a claim. If verification is not received, they can follow up and ultimately deny. However, if the initial request was late, or the carrier failed to follow the regulatory timeline precisely, the verification defense is waived entirely.
How long does the insurance company have to pay a no-fault claim?
Under NY Insurance Law §5106(a), carriers must pay or deny a claim within 30 days of receiving proof of claim. If verification was requested, the 30-day clock is tolled until verification is received. Failure to act within these deadlines means the carrier has issued an untimely denial — and may be precluded from asserting any defense at all.
Can I fight a medical necessity denial?
Yes. Medical necessity denials are typically based on an Independent Medical Examination (IME) or peer review report. These can be challenged by submitting the treating physician's affirmation, contemporaneous medical records, and rebuttal opinions. At arbitration or trial, the trier of fact weighs the competing medical evidence — and boilerplate IME reports often lose.
What if the denial was late?
An untimely denial is one of the strongest defenses available. If the carrier failed to deny within 30 days of receiving proof of claim (or completed verification), the denial is considered untimely and the carrier is precluded from raising most defenses — including lack of medical necessity, fee schedule, and many others. Only certain defenses like fraud or lack of coverage survive late denial.
Should I arbitrate or litigate my no-fault denial?
Most no-fault disputes are resolved through mandatory arbitration administered by the American Arbitration Association (AAA). Arbitration is generally faster and less expensive. However, some cases — particularly those involving complex fraud allegations, policy exhaustion, or coverage disputes — may benefit from litigation in Civil Court. Our firm handles both paths and will recommend the strategy best suited to your case.
How much does a no-fault denial lawyer cost?
In no-fault cases, attorney fees are governed by regulation and typically calculated as a percentage of the amount recovered. You pay nothing upfront and owe no fee unless we recover on your claim. Consultations are always free. Call (516) 750-0595 to discuss your denial.
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Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

Written By

Jason Tenenbaum, Esq.

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2008, he has authored more than 2,600 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,600+ Published
Licensed In
6 States + Federal

Every Denial Has a Weakness

Every Denial Has a Weakness. We've Exposed Thousands of Them.

Insurance carriers count on you accepting the denial. They do not count on facing an attorney who has handled 100,000 of these cases and knows their playbook better than they do. Review the legal encyclopedia for no-fault denial law, see our no-fault defense practice area for related claims, or visit our Long Island car accident lawyer page for the broader PI context. The consultation is free. The fight starts now.

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