There are only 12 states in the country that have a no-fault insurance law, and NY is one of them. Unlike most states, New York doesn’t care who was negligent in an accident. Whenever you have an accident your personal insurance is responsible for paying out your damages. So, your own coverage will give you a payout. There is a maximum payout, and if you need more money to cover your expenses you will need to file a personal lawsuit. You need an experienced personal injury lawyer that understands the ins and outs of New York’s no-fault insurance. Gary Falkowitz understands no-fault insurance and has been handling car accident personal injury claims in NYC for decades.
How does New York’s No-fault insurance work?
No-fault insurance will cover your lost wages for a maximum of three years after your injury. However, this will only happen if your doctor doesn’t allow you to go back to work. As we mentioned before it doesn’t matter who is at fault, your insurance company must cover your losses. However, the maximum payout is 50,000 dollars. So, many people with serious injuries file personal injury lawsuits against negligent drivers. The no-fault coverage also includes pedestrians, passengers, and bicyclists.
How can I receive compensation?
There is a time frame that you must adhere to if you want to receive compensation. You only have 30 days to file your no-fault application. If you were a pedestrian or a bicyclist you also need to file with your insurance company. If you are in an uninsured vehicle you can contact the New York State Motor Vehicle Accident Indemnification Corporation. Also, if you are going to claim lost wages you need your employer to verify it. You have to file your lost wages within 90 days of the accident. As long as you meet these guidelines, you qualify for compensation.
How do I file a personal injury claim?
If your damages and medical bills are more than your compensation, then you’ll need to file a personal injury claim. You can sue the negligent party responsible for your accident to cover the rest of your expenses. It is possible to file this on your own, but we recommend the assistance of an experienced personal injury lawyer. These attorneys have experience filing these claims and dealing with insurance companies. To get the best settlement, it is important that you hire an expert to help you through your case.
Who is eligible for no-fault benefits?
Many drivers, pedestrians, and bicyclists are eligible for no-fault benefits once they have been involved in an accident in New York. For your to officially qualify for no-fault benefits:
You must have a vehicle that was insured in New York. The company must be licensed to sell insurance in New York.
The vehicle needs to have a New York registration. A vehicle is defined as a truck, car, taxi, or bus.
The injured person must be a driver or passenger in the insured vehicle. The injured person can also be a bicyclist or pedestrian that was run over by a vehicle.
How much coverage can I expect?
With the no-fault law, there is a maximum of 50,000 dollars for each passenger in the car. Anything about 50,000 dollars would need to be awarded in a personal injury claim. You can also receive partial payback of lost wages. You are eligible for up to 80% of your gross wages. However, you can only receive a maximum of 2,000 dollars a month.
Are rental vehicles covered?
Driving a rental can be convenient if you don’t have your car or you’re traveling. Since most of the traffic through NYC involves tourists, it’s feasible that rental cars are occasionally involved in accidents. Usually, your rental car will be covered by no-fault insurance. Don’t forget that your personal insurance policy will generally cover any damage that occurs in a rental car.
What if I have an accident that isn’t in New York?
As we mentioned before, New York’s no-fault coverage isn’t typical in other states. Other states determine who is at fault, and that driver is responsible for covering the victim’s damages. Your car is insured in each state though, as long as your insurance policy is active.
What if my no-fault coverage denies my bill payments?
You have many different options available to challenge a denial. First, you should start with your medical provider. You need to make sure that you don’t assume payment of the bill yourself. To ensure that the payment is covered through your benefits, you should contact our office.
If you are interested in learning more about New York’s no-fault law, don’t hesitate to make an appointment. We can discuss your accident and options under the no-fault law. Contact us today to schedule your appointment. You have a limited amount of time to file for these benefits, so timing is of the essence.