New York State Seal
STATE OF NEW YORK
INSURANCE DEPARTMENT
25 BEAVER STREET
NEW YORK, NEW YORK 10004

George E. Pataki
Governor

Gregory V. Serio
Superintendent

The Office of General Counsel issued the following opinion on May 7, 2003 representing the position of the New York State Insurance Department.

RE: No-Fault Notice of Accident Requirement.

Question Presented:

When determining the 30 day time period during which notice of claim must be sent by an eligible injured person to a No-Fault insurer in order to be receiving benefits, does the 30 day notice period include the date that the accident occurred?

Conclusion:

No. Pursuant to 11 NYCRR 65-1.1(b), which contains the prescribed No-Fault endorsement in New York, in accordance with Section 20 of the General Construction Law, the date of computation for the 30 day written notice period begins on the day after the accident.

Facts:

No facts presented.

Analysis:

Pursuant to N.Y. Comp. Codes R. & Reg. tit. 11 § 65-1.1(b), which contains the prescribed No-Fault endorsement for all motor vehicle liability policies issued in New York, the Conditions provision for notice states that in the event of an accident, written notice must be provided to the insurer "…in no event more than 30 days after the date accident…".

N.Y. Gen. Constr. Law § 20 (McKinney 2002) provides that "A number of days specified as a period from a certain day within which or after or before which an act is authorized or required to be done means such number of calendar days exclusive of the calendar day from which the reckoning is made." (emphasis added).

Therefore, consistent with the language of the regulation and requirement of Section 20, the 30 day period for written notice begins on the day after the date of the accident.

For further information you may contact Supervising Attorney Lawrence M. Fuchsberg at the New York City Office.