No-Fault Auto Insurance in New York: What You Need to Know

If you are wondering how no-fault auto insurance works in New York, you’re not alone. That’s the whole reason this site exists—to inform New York residents about no-fault insurance.

Here’s what you need to know.

The Basics

At its most basic, having no-fault insurance means your insurance company will pay all or some of your medical bills and even some lost earnings in the event that you are in a car or motorcyle accident. This is regardless of whose fault the accident was.

However, it isn’t always this straightforward when you have been in an accident. When it comes to seeking compensation or coverage for damages, insurance can become much more complicated. For example, what are you supposed to do when your no-fault insurance will cover only part of a massive hospital bill or only a portion of your lost wages?

Read on to find out.

What to Do When You’ve Been Injured

In many no-fault insurance states, you are not able to make a claim for damages regarding a personal injury unless the medical bills involved surpass a specified level or the injury is particularly grave.

In New York, a serious injury threshold has to be met or surpassed to file a claim for personal injury against the other driver. Some of those requirements include the following:

  • Significant disfigurement
  • Permanent limitation of a body part or organ
  • Disability for a period of 90 days

Bone fracture and significant limitation of the use of a body system or function could also be included as serious injuries.

Even if you think your injury qualifies as serious, getting the insurance company to see it your way is often difficult. That’s why an experienced serious injury attorney can be a crucial part of your case.

Filing a Personal Injury Claim

If you fall into the serious injury category and are able to file a claim against the party who is at fault in an auto accident, it is best to hire a New York personal injury attorney. If you are seriously injured, it could be difficult for you to expend the time and energy needed to navigate the complicated legal system.

An attorney who has experience in cases like yours will be familiar with all the laws, the paperwork, and how to negotiate the best settlement for you and your family. You are better off letting an attorney handle these things while you focus your time and energy on recovering from your injuries.  

Compensation for Damages

You might be eligible for several types of compensation, including the following:

  • Medical expenses
  • Time lost at work
  • Disability
  • Pain and suffering

What About Your Car?

If you’ve been injured in a car crash, chances are your car sustained some damage, too.

In New York, the no-fault rules are only applicable to injuries in a car accident. If your vehicle sustained damages in an accident, you will be able to file a claim against the at-fault driver.

A successful claim of this type can land you the money for a new car or enough to repair your old one and get it back on the road.

When No-Fault Falls Short

Whether you have injuries or damage to your vehicle, it can be difficult to manage the expenses of a car accident by yourself. Even if you and the other person have no-fault car insurance, some costs probably won’t be covered.

When someone else is responsible for the accident, you shouldn’t have to go into debt trying to cover the related expenses. The experienced car accident attorneys at Greenstein & Milbauer, LLP know how to get you the compensation you need to cover what no-fault insurance won’t.