No-Fault Regulation 68
Old Regulation 68: Effective Pre-April 5, 2002

Note: The sections linked to below are in PDF format.

Department of Insurance Regulation 68, which implements New York's No-Fault law, was first promulgated in 1974. Effective September 1, 2001, the Insurance Department repealed the original (old) Regulation 68 and promulgated a revised (new) Regulation 68. The repealed Regulation 68 consisted of nineteen sections that addressed various aspects of the No-Fault reparations system. Many sections of the old Regulation are outdated and no longer applicable.

Sections 65.1 through 65.7 of the old Regulation contained the rules for No-Fault claims arising from accidents which occurred prior to December 1, 1977. Section 65.8 addressed transitional issues with limited effect after November 30, 1977, Chapter 320 of the Laws of 1991 (effective November 12, 1991), as amended by Chapter 484 of the Laws of 1992, elevated the maximum no-fault payment for loss of earnings from work (work loss) under mandatory personal injury protection (PIP) coverage from $1,000 to $2,000 per month, applicable to accidents arising out of the use or operation of a motor vehicle that occurred on and after November 12, 1991, and created a $25,000 Optional Basic Economic Loss (OBEL) coverage, which, pursuant to Section 5102(a)(5) of the Insurance Law, must be offered to all insureds. Section 65.9 contained rules applicable to filing and approval of motor vehicle insurance rates to be effective February 1, 1974.

The remainder of the text of (old) Regulation 68 can be located as follows:

  • 65.10 Mandatory arbitration procedures for insurers, self-insurers and compensation providers under section 5105 of the Insurance Law
  • 65.11 Rights and liabilities of self-insurers with respect to personal injuries sustained on and after December 1, 1977
  • 65.12 Requirements for minimum benefit insurance policies for personal injuries sustained on and after December 1, 1977 and Optional Basic Economic Loss coverage on and after November 12, 1991
  • 65.13 Additional personal injury protection endorsement (New York)
  • 65.14 Exclusion of medical expense from mandatory personal injury protection
  • 65.15 Claims for personal injury protection benefits--accidents on and after December 1, 1977
  • 65.16 Managed care programs
  • 65.17 Optional arbitration procedures under section 5106(b) of the Insurance Law with respect to personal injuries sustained on and after December 1, 1977 for arbitrations filed with the Insurance Department on and after July 1, 1988 through and including November 30, 1999
  • 65.18 Optional arbitration procedures under section 5106(b) of the Insurance Law with respect to personal injuries sustained on and after December 1, 1977 for arbitrations filed with an organization designated by the Superintendent on and after December 1, 1999
  • 65.19 Master arbitration procedures under section 5106(b) of the Insurance Law with respect to personal injuries sustained on and after December 1, 1977