How To File A Request For No-Fault Arbitration
If you submit a No-Fault claim to an insurance company and the insurer does not respond to your submission within 30 days of its receipt, or if the insurer issues a formal denial of claim (form NF-10), your options are as follows:
- You may take the insurer to court, or;
- You may file a written complaint with the Financial Fraud & Consumer Protection Division of the Department or;
- You may file for No-Fault arbitration with the American Arbitration Association.
If you choose to file a complaint, please use our Online Consumer Complaint Application Form. There is no fee required to file a complaint. Although the Department will attempt to resolve disputed claims, it cannot order or require an insurer to pay a disputed claim filed as a complaint.
Effective December 1, 1999 the American Arbitration Association (AAA) receives and processes all No-Fault arbitration requests. Therefore, all arbitration requests submitted must be filed with the American Arbitration Association even if the denial of claim form states that it should be filed with the New York State Department of Financial Services. All requests submitted to the Department will be returned.
To file for No-Fault arbitration*:
- If an insurer issued a denial of claim form (NF-10) applicable to any individual element of your No-Fault claim and you wish to arbitrate the basis of that denial, fully complete the grid on the back of the denial and itemize all bills in dispute (including the name of medical provider, amount of bill in dispute, and the date(s) the bill(s) were mailed to insurer) and attach copies of all bills listed. If lost wages are also in issue, complete the section of the grid applicable to lost wages. You must complete and sign the affirmation on the back of the denial.
- If you are not in receipt of a denial of claim form, you can file for arbitration by fully completing and submitting Form AR, the New York Motor Vehicle No-Fault Insurance Law Arbitration Request Form. Form AR, in PDF format, may be obtained directly from the website of the American Arbitration Association. Complete the four page Arbitration Request form fully as outlined above (for an NF-10), and attach copies of all applicable documentation and bills in issue.
The American Arbitration Association also maintains a series of Frequently Asked Questions with information about filing for No-Fault arbitration.
NOTE: In accordance with Regulation 68, Section 65-4.2(b)(3)(i), an applicant for No-Fault arbitration must submit all documents supporting their position along with their original request for arbitration. A copy of the applicant's complete submission must also be simultaneously mailed to the respondent. Following this original submission of documents, no additional documents may be submitted by the applicant other than bills or claims for ongoing benefits.
Whichever method is used to initiate the arbitration process, your filing must also include a $40.00 filing fee made payable to the American Arbitration Association. Mail your completed No-Fault arbitration request to:
The American Arbitration Association
NY Insurance Case Management Center
65 Broadway
New York, New York 10006
Additional information about No-Fault, including links to the complete text of Department Regulation 68, can be found on the Department's No-Fault Resources Page.
*Note that if a medical provider files for arbitration as an assignee of the injured party, that provider must also include a copy of a completed assignment of benefits form with the injured party's signature.
