- New York is a no fault insurance state, so you must first turn to your own coverage after an accident.
- No fault insurance covers medical expenses, lost wages, and other injury-related expenses, but it does not cover property damage.
- Driving under the influence or owning an uninsured vehicle will compromise your from no fault coverage.
- No fault insurance does not cover motorcycle riders or passengers.
- If you have a serious injury or your medical bills exceed insurance coverage, you can file a lawsuit for damages.
New York’s no fault insurance, also known as personal injury protection (PIP), covers losses like medical expenses and lost wages following a motor vehicle accident. PIP makes getting compensation after an accident easier and faster, but the no fault system isn’t always straightforward. There are exclusions in PIP coverage, and you may have damages from an accident that exceed your insurance policy limits.
If you have questions about New York’s no fault law, consult our experienced New York car accident attorneys for advice on how to secure compensation. Call (716) 500-5678 or contact us online to schedule your free consultation.
How Does the No Fault System Work in New York?
Because New York is a no-fault state, people in car accidents must first turn to their own insurance policies for damages like medical bills and lost wages. Their mandatory PIP coverage applies regardless of who was at fault in the accident.
New York’s minimum car insurance requirements mandate at least $50,000 in PIP coverage. You can purchase additional PIP coverage if you’re worried about medical bills and other economic losses exceeding $50,000.
You must file a PIP claim with your insurance company within 30 days after your accident. You can only submit a claim after 30 days with written proof that provides a “clear and reasonable” justification for the delay. You must also submit medical bills to your PIP provider within 45 days of treatment.
If you have questions about how New York’s no fault law applies to your case, contact our skilled PIP coverage claims lawyer quickly so you don’t miss important deadlines. We are here to help.
Basic No Fault Auto Insurance Coverage
Basic no fault insurance coverage in New York pays “basic economic losses,” which include:
- Medical and rehabilitation expenses that are necessary to treat your injuries.
- Up to 80 percent of lost earnings from work (up to $2,000 per month for up to three years after the accident).
- Other reasonable and necessary expenses of up to $25 per day for up to one year for things such as transportation to and from medical treatment and household help.
- Death benefit of $2,000 in addition to the no fault $50,000 PIP limit.
If you’re worried about not getting your full no fault benefits or believe your insurance company isn’t offering enough to cover your damages, our skilled New York car accident attorneys are here to help. We can review your case and ensure you know your full legal rights.
Ineligibility for No Fault Benefits
Drivers first turn to their no-fault benefits in most New York car accident cases. However, there are situations in which drivers aren’t eligible for PIP benefits, including:
- Driving under the influence of drugs or alcohol (minus emergency care)
- Self-inflicted injuries from intentional accidents
- Drivers and passengers of motorcycles or ATVs
- Committing a felony at the time of the accident
- Being in a stolen vehicle
- Owning an uninsured vehicle
If your insurance company denies your no fault claim, reach out to our experienced car accident lawyers. We can investigate your case to determine if the denial was justified and help you figure out your options.
No Fault Benefits/Personal Injury Protection
New York and some other states require drivers to carry no fault coverage, making it easier and faster for accident victims to get compensation. Generally, PIP coverage means there is initially no need to file a lawsuit against the other driver to receive compensation for covered expenses. However, exceptions exist. More on this below.
Separately, New York also created the Motor Vehicle Accident Indemnification Corporation to provide no fault and bodily injury benefits to people who have no auto insurance to turn to. You cannot apply for benefits if you are the owner of the uninsured vehicle or the owner’s spouse and a passenger at the time of the accident.
Who Pays for Car Damage in a No Fault State?
No fault insurance covers injury-related expenses, not vehicle damage. For property damage, you can turn to the at-fault driver’s auto liability policy. You can also turn to your own collision coverage. This pays regardless of fault and covers collisions with other cars or objects and when your vehicle overturns. Under New York’s comparative negligence laws, you may be able to recover compensation for property damage even if you were primarily responsible for your accident.
Who Receives the Benefits of No Fault Insurance?
New York’s no fault law helps more than just drivers involved in motor vehicle accidents. No fault insurance covers:
- Drivers
- Passengers
- Pedestrians
- Cyclists
To qualify for basic no fault PIP benefits, you must have a New York insurance policy, and your accident must have occurred in New York. Notably, PIP does not cover motorcycle or ATV riders and passengers.
Can I Sue the Other Driver in a No Fault State?
At first, accident victims in New York usually can’t sue the other parties involved in a collision before exhausting their no fault PIP benefits. However, they can file an auto liability claim or personal injury lawsuit if their basic economic losses exceed $50,000 or they suffer a “serious injury.” Serious injuries include:
- Death
- Dismemberment
- Significant disfigurement
- Bone fractures
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of an organ or member
- A significant limitation of the use of a body function or system
- A non-permanent injury or impairment that prevents you from performing your usual daily activities for at least 90 days during the 180 days immediately following the accident.
If your loved one dies in a New York car accident, you may also be able to file a lawsuit against the at-fault driver with the help of an experienced wrongful death lawyer. Though no amount of money can make up for the loss of a loved one, a lawsuit can provide you with a measure of justice, accountability, and compensation.
Get a Free Consultation With Our Skilled New York Personal Injury Lawyers
Our award-winning attorneys have extensive experience handling all kinds of collisions, including car accidents, motorcycle accidents, and truck accidents. We have the skills and experience needed to calculate your full damages and gather all available evidence to determine who was at fault.
We are here to ensure you understand your options for seeking compensation. Call (716) 500-5678 or contact us online to schedule a free, no-obligation consultation. You pay nothing unless we win your case.
