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 Department or;
  • You may file for No-Fault arbitration with the American Arbitration Association.

If you choose to file a complaint, please use our Consumer Complaint 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.

The American Arbitration Association (AAA) receives and processes all No-Fault arbitration requests. Therefore, all arbitration requests 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 information on the back of the denial and itemize all bills in dispute (including 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 No-Fault Arbitration Request Form (PDF). This form is obtained directly from the website of the American Arbitration Association. Complete the four page form fully as outlined above (for an NF-10), and attach copies of all applicable documentation and bills in issue.

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.

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.

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:

American Arbitration Association
New York Insurance Case Management Center
32 Old Slip, 33rd Floor
New York, NY 10005
Website: www.nysinsurance.adr.org
email: [email protected]

If you have won a judgment in a No-Fault Arbitration, you should not normally have any difficulty in collecting from the respondent. If you have not received payment within 30 days of the date of mailing of the No-Fault arbitration award, we suggest that you follow-up with the respondent in writing to advise of the specific elements of the award which remain unpaid and outstanding. If you do not receive a timely response from the respondent, you should seek assistance from the Department of Financial Services.

Requests for assistance should include (1) the unpaid No-Fault arbitration award in question, (2) your follow-up correspondence to the Respondent noting the elements of the award that you consider unpaid and outstanding, and (3) a cover letter addressed to the Property Bureau of the Department of Financial Services requesting assistance to obtain payment of the unpaid elements of the arbitration award.

FAQs

The Department maintains some Frequently Asked Questions about No-Fault Insurance.

The American Arbitration Association maintains a series of Frequently Asked Questions about filing for No-Fault arbitration.

Updated 04/24/2018