What is no-fault insurance?
New York’s no-fault insurance law requires all motor vehicle insurance policies to provide personal injury protection coverage. This ensures that if you are injured in a motor vehicle accident, you will receive benefits and can get medical treatment immediately regardless of who caused the accident.
What does it cover?
No-fault insurance is intended to cover medical expenses and other associated expenses such as lost wages, household help and travel expenses to and from a healthcare provider. No-fault does not cover property damages or pain and suffering.
The no-fault insurance claim for must be filed within 30 days of the accident.
Amount of Coverage
Each insured automobile carries up to$50,000.00 in no-fault coverage for each occupant of the vehicle. Insurers may purchase Optional Basic Economic Loss Coverage, which provides an additional $25,000 in coverage.
Who is not covered?
No-fault does not cover motorcycle drivers or their passengers. Also, there is no coverage for a driver or spouse if their car is uninsured. Passengers in the car may be able to make a no-fault claim with their own insurance.
Am I covered for accidents outside of New York State?
If you are a New York State resident and licensed driver, and you own a vehicle covered by insurance, then you most likely will be covered for accidents that occur out of state.
What if I am seriously injured?
If you are seriously injured then under certain circumstances you can sue to collect compensation that would not have the limits of no-fault. The accident must be the other driver’s fault, and your injury must be serious, as defined by the law to include any of the following:
- Personal injury which results in death
- Dismemberment; significant disfigurement
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system
- A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment
What does this mean for you? If you were injured in a vehicle accident and want to collect damages beyond the no-fault law limit, you must prove that your injuries meet the threshold law for serious injuries as well as showing that the other driver was at fault for the accident. I
If you think you may have a case that meets the standards for a serious injury, give us a call to discuss your case and ask any questions. Our offices provide free consultations to help you determine your course of action. If your case meets the criteria to sue for additional compensation, we will utilize our team of experienced lawyers, investigators, medical experts and accident reenactment authorities to help show who was at fault for the accident and get you the maximum compensation you deserve.
No-Fault Forms: Links to the different no-fault forms