If you’ve been in a car accident, you’re likely dealing with insurance claims and medical expenses. As a no-fault state, New York’s approach to car accident compensation might be different from what you’re used to. Find out how New York's no-fault law is, how it works, and what benefits you may be entitled to here.
Is New York a No-Fault State?
Yes, New York operates under a no-fault insurance system for car accidents; this means that regardless of who was at fault for the accident, each driver’s insurance policy will pay for their medical costs and lost wages up to a certain limit.
At-Fault vs. No-Fault States
In at-fault states, the driver responsible for the accident must use their liability insurance or personal assets to cover the other party’s losses. New York’s no-fault approach provides quicker access to benefits and reduces the need for lengthy legal battles to determine fault.
What Is New York No-Fault Law?
In New York, all drivers are required to have at least $50,000 in Personal Injury Protection (PIP) coverage, also known as no-fault insurance. Under this system, drivers make claims with their own insurance companies instead of the other party’s insurer. PIP coverage includes:
- Medical expenses: Ambulance fees, hospital systems, surgeries, rehabilitation, and more.
- Lost wages: 80% of your lost income up to $2,000 per month.
- Other reasonable and necessary expenses: Transportation to medical appointments, household help, etc.
- Burial expenses: In case of a fatality, up to $2,000 for funeral and burial costs.
New York’s no-fault law doesn’t cover damage to vehicles.
How Does No-Fault Insurance Work?
To file a no-fault claim, you’ll need to:
- Notify your insurance provider within 30 days of the accident.
- Provide a written statement with the date, time, and circumstances of the accident, as well as injuries sustained.
- Submit all relevant medical documentation, wage statements, and receipts for expenses.
No-fault coverage has some exceptions. These include motorcyclists, drivers of uninsured vehicles, and people who were intoxicated or committing a felony at the time of the accident. Your insurance policy may have additional exclusions, so it’s important to carefully review the terms.
What Is Motor Vehicle Accident Indemnification (MVAIC)?
MVAIC is a not-for-profit corporation established in 1958 as a last resort for auto accident victims without insurance coverage. As a “no-fault” state, all New York vehicle owners must carry personal injury protection (PIP) insurance to cover medical expenses and lost wages, regardless of who is at fault. However, not everyone has access to this mandatory coverage.
What Is New York No-Fault Law?
In New York, all drivers are required to have at least $50,000 in Personal Injury Protection (PIP) coverage, also known as no-fault insurance. Under this system, drivers make claims with their own insurance companies instead of the other party’s insurer. PIP coverage includes:
- Medical expenses: Ambulance fees, hospital systems, surgeries, rehabilitation, and more.
- Lost wages: 80% of your lost income up to $2,000 per month.
- Other reasonable and necessary expenses: Transportation to medical appointments, household help, etc.
- Burial expenses: In case of a fatality, up to $2,000 for funeral and burial costs.
New York’s no-fault law doesn’t cover damage to vehicles.
How Does No-Fault Insurance Work?
To file a no-fault claim, you’ll need to:
- Notify your insurance provider within 30 days of the accident.
- Provide a written statement with the date, time, and circumstances of the accident, as well as injuries sustained.
- Submit all relevant medical documentation, wage statements, and receipts for expenses.
No-fault coverage has some exceptions. These include motorcyclists, drivers of uninsured vehicles, and people who were intoxicated or committing a felony at the time of the accident. Your insurance policy may have additional exclusions, so it’s important to carefully review the terms.
Who Can Receive No-Fault Benefits?
In New York, the following individuals are eligible for no-fault insurance benefits:
- The owner of the insured vehicle
- All passengers in the insured vehicle
- Household members of the insured who are injured as pedestrians
Can I Sue the Other Driver in a No-Fault State?
The short answer is usually no. In most cases, New York’s no-fault system prevents you from suing the other driver involved in the accident. However, there are exceptions. If your injuries are considered “serious,” you may be able to file a lawsuit to recover other damages, such as pain and suffering.
Serious injuries, as defined by New York law, include death, dismemberment, disfigurement, loss of a fetus, permanent loss of a body organ or function, bone fractures, and injuries that result in total disability for at least 90 days.
Who Can Receive No-Fault Benefits?
In New York, the following individuals are eligible for no-fault insurance benefits:
- The owner of the insured vehicle
- All passengers in the insured vehicle
- Household members of the insured who are injured as pedestrians
Can I Sue the Other Driver in a No-Fault State?
The short answer is usually no. In most cases, New York’s no-fault system prevents you from suing the other driver involved in the accident. However, there are exceptions. If your injuries are considered “serious,” you may be able to file a lawsuit to recover other damages, such as pain and suffering.
Serious injuries, as defined by New York law, include death, dismemberment, disfigurement, loss of a fetus, permanent loss of a body organ or function, bone fractures, and injuries that result in total disability for at least 90 days.
Have Questions About New York No-Fault Law? Contact Us!
Whether you’ve been in a minor fender-bender or a serious collision, our experienced personal injury attorneys are dedicated to helping you understand your rights and fighting for your rights under New York’s no-fault law.
Call 212-739-7278 or contact us today for a FREE, no-obligation consultation!
Have Questions About New York No-Fault Law? Contact Us!
Whether you’ve been in a minor fender-bender or a serious collision, our experienced personal injury attorneys are dedicated to helping you understand your rights and fighting for your rights under New York’s no-fault law.
Call 212-739-7278 or contact us today for a FREE, no-obligation consultation!
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania