Should I file this claim, or pay it myself?
It's the most common call I get after a bad day: the bumper, the leaking pipe, the neighbor's fence. Filing isn't always the right move, and not filing is sometimes a serious mistake. Nine questions sort it out, with New York's own rules on surcharges, no-fault and DMV reports built in. Nothing you enter leaves your browser.
Answer nine questions about what happened, who was hurt, the repair cost and your deductible, and get a straight answer for New York: file the claim, pay it yourself, or talk to me first, with the must-dos and deadlines ranked. Injuries and other people's losses always mean report; a loss under about twice your deductible usually means pay yourself; New York bars a surcharge for a single no-injury accident with $2,000 or less in damage.
This is the conversation I have on the phone after a fender-bender or a burst pipe, turned into nine questions. It separates the things you must do (report injuries, file the DMV form, stop the water) from the one thing that's actually your choice (whether to claim your own damage), and it does the deductible arithmetic with New York's surcharge rules instead of a rule of thumb from another state.
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Your browser has scripts turned off, so the interactive version can't run here. The nine questions are listed below; call (518) 902-8822 and we'll go through them in five minutes.
How the check decides
Three questions carry the decision. Was anyone hurt? If yes, or maybe, the answer is always report: New York no-fault has a 30-day written-notice deadline and pays regardless of fault. Is anyone else's property involved? If yes, report it whatever the amount; you can't settle another person's loss privately, and your policy requires notice. What does the repair cost against your deductible? Below the deductible, a claim pays nothing; under about twice the deductible it pays little and follows you for years; well above it, filing is what the coverage is for.
Around those, the check layers the New York specifics: the §2335 rule that a single no-injury accident with $2,000 or less in damage can't raise your premium, the 10-day DMV crash report, the 24-hour police report for a hit-and-run, the difference between sudden and gradual water damage, and the duty to stop damage from spreading.
The New York rules behind the check
| Rule | What it says | Where it comes from |
|---|---|---|
| No surcharge for a small accident | An insurer can't raise your premium or add a surcharge for a single accident in which no one was injured and the property damage was $2,000 or less. It also can't surcharge you for an accident where you weren't at fault, including a parked-car hit. | Insurance Law §2335; DFS Circular Letters 15 (2010) and 11 (2018) |
| DMV crash report | File form MV-104 with the DMV within 10 days when anyone is injured or the damage to any one person's property is more than $1,000. Not filing can suspend your license. | Vehicle and Traffic Law §605 |
| No-fault (PIP) notice | Written notice of a no-fault claim (form NF-2) is due within 30 days of the accident; basic no-fault pays up to $50,000 per person for medical costs and lost wages regardless of fault. | Insurance Law §5102–5106; 11 NYCRR 65 (Regulation 68) |
| Hit-and-run and uninsured drivers | To use your uninsured/underinsured (SUM) coverage after a hit-and-run, report it to the police within 24 hours (or as soon as reasonably possible) and to your insurer promptly. | Insurance Law §3420(f); 11 NYCRR 60-2 (Regulation 35-D) |
| Minimum coverage | New York's minimum liability is $25,000 per person / $50,000 per accident for injury, $50,000 / $100,000 for death, and $10,000 for property damage; a claim against you above those limits reaches your own assets. | Vehicle and Traffic Law §311; Insurance Law §3420(f)(1) |
| Your policy's own duties | Every auto and home policy requires prompt notice of a loss, cooperation, and reasonable steps to protect the property from further damage. Late notice can be a defense to paying the claim, though New York requires the insurer to show it was prejudiced by the delay. | Insurance Law §3420(a)(5) (as amended 2008); the conditions section of your policy |
Sections are quoted from the New York State Senate's online consolidated laws and the Department of Financial Services' consumer pages, linked under Sources below, as of September 2026.
The nine questions
- What happened? At-fault or unclear car accident, another driver hit you, comprehensive loss (theft, glass, weather, deer), home water, home storm or fire, home theft, or an injury or damage to someone else at your home.
- Was anyone hurt, even slightly?
- Was anyone else's property or vehicle damaged?
- Did the other driver stop and share insurance? (When someone hit you.)
- Roughly what will the repair cost?
- What is your deductible for this coverage?
- How many claims or at-fault accidents in the last three years?
- Is the damage still getting worse? (Home water and storm.)
- When did it happen?
What it can't tell you
It can't read your policy or the estimate, so it can't see a separate glass deductible, a roof paid on actual cash value, or a claims-free discount you'd lose. Those are exactly the details a five-minute call covers, and I'll tell you honestly when the right answer is to pay it yourself. If you're going to file, I report it with you so the facts are stated once and stated right.
This check is educational. It's based only on your answers, not on your policy or the actual damage, and it isn't a coverage determination or legal advice. Deadlines and rules are New York's as of 2026; your policy's own notice requirements also apply. Answers stay in your browser and nothing is sent unless you choose to send it.
- Insurance Law §2335, prohibition of surcharges for certain accidents (New York State Senate) — no surcharge for one accident with ≤ $2,000 property damage and no bodily injury
- Circular Letter No. 15 (2010): minimum property damage threshold for increasing premiums (NY DFS) — $2,000 threshold; no surcharge where the insured was not at fault or the car was lawfully parked
- Circular Letter No. 11 (2018): loss-of-use costs and the surcharge threshold (NY DFS) — the $2,000 is repair cost, not rental-car cost
- File a motorist crash (accident) report, form MV-104 (NY DMV) — within 10 days when anyone is injured or damage to any one person's property exceeds $1,000
- No-fault insurance, Regulation 68 FAQs (NY DFS) — written notice of claim within 30 days; $50,000 basic benefits
- Supplementary Uninsured/Underinsured Motorists (SUM) coverage (NY DFS)
- Minimum auto insurance requirements (NY DFS) — $10,000 property-damage liability minimum
- Vehicle and Traffic Law §605, report of accidents (New York State Senate)
- Insurance Law §3420, liability insurance; standard provisions (New York State Senate) — (a)(5) late notice; (f) uninsured and SUM coverage
Common questions
Short answers to what people ask before they call.
Will my insurance go up if I file a claim in New York?
For a car: New York Insurance Law §2335 bars any premium increase or merit-rating points for a single accident with no injury and $2,000 or less in property damage, and the Department of Financial Services reads it as barring a surcharge whenever you weren't at fault or your car was legally parked. Comprehensive claims (glass, theft, weather, animals) don't surcharge. An at-fault accident with an injury or more than $2,000 in damage can, typically for three years, and a second accident in the period can regardless of size. For a home: New York doesn't cap it the same way; a paid claim goes on your loss-history report for up to seven years, and a pattern of claims is what leads to non-renewal.
Do I have to report an accident even if I don't want to file a claim?
Two different duties. Your policy requires prompt notice of any accident that could lead to a claim, which in practice means anything involving another person or their property; you can report without making a claim for your own damage. Separately, New York requires you to file a DMV crash report (form MV-104) within 10 days whenever anyone is hurt or damage to any one person's property exceeds $1,000, whether or not police came and whether or not you were at fault.
Someone was hurt in a car accident. What's the deadline?
The written application for no-fault benefits (form NF-2) must reach the insurer of the vehicle the injured person was in within 30 days of the accident. No-fault pays medical bills and lost wages up to $50,000 per person regardless of fault. Late applications can be accepted with a reasonable written explanation, but don't plan on it.
The other driver left the scene or has no insurance. Who pays?
Your own policy. SUM (supplementary uninsured/underinsured motorist) coverage pays for your injuries, and your collision coverage pays for your car, subject to the deductible. For a hit-and-run, the police report must be made within 24 hours of the accident, or as soon as reasonably possible, for the SUM claim to stand.
Does asking my insurer a question count as a claim?
It can. Some carriers log a coverage question made to the claims line as a claim inquiry, which can appear in the loss-history databases other carriers check. Asking me creates no record. Decide first; report when you're filing.
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