HOW DOES NO-FAULT INSURANCE WORK IN NEW YORK?

After a car accident, the costs for medical expenses, lost wages, and other damages can rack up quickly. Even a “minor” injury can lead to thousands of dollars in doctor’s visits, medications, and physical therapy appointments, as well as put this person out of work.

Most injury victims rely on insurance to cover the costs of these accident-related expenses. In some states that follow a “fault” insurance system, the insurance company of the at-fault driver will likely be held liable to compensate those injured.

New York, on the other hand, follows a no-fault insurance system. This means that car accident victims are generally reimbursed by their own insurance companies for their injuries and other damages, no matter which driver is considered to be responsible for the crash.

No-Fault Benefits

Under the no-fault insurance rule, a passenger who is injured in an automobile accident can file a claim with the insurance company of the driver whose vehicle they were in. Pedestrians who are struck by an automobile may be able to do the same. No-fault benefits will pay for expenses related to personal injuries, such as:

• Your health insurance deductible
• Medical expenses that exceed your health insurance coverage limits
• Lost income as a result of your injuries

However, keep in mind that there is only a 30-day period of time after the accident in which to claim no-fault benefits. Your personal injury attorney can work with you and help you make all the necessary deadlines.

Additional Coverage

No-fault insurance coverage does have a limit, meaning that the insurance company will only pay up to a certain amount of damages. But what happens if your damages exceed this limit?

If your accident was caused by someone else, you may be file a claim under the at-fault driver's bodily injury liability coverage. If they have no additional coverage and your expenses are not completely reimbursed, you may be able to file a lawsuit for remaining damages against this person.

In order to pursue damages past medical bills and lost wages, such as pain and suffering or emotional trauma, one of two conditions must apply to your case:

1. You sustained a “serious injury” in the accident; New York defines this as one that causes disfigurement, a fracture, loss of fetus, permanent disability, permanent loss of an organ, among others
2. You sustained substantial economic loss; typically, this means that you have sustained more than $50,000 in combined medical expenses and lost wages

Helping You Pursue Maximum Compensation

Whatever the situation of your accident, do not hesitate to reach out to our firm for legal advocates fighting on your side. Our firm will look at the details of your case to determine what your best options are for pursuing maximum compensation for your injuries.