Accident claims can be tedious, complex and painful (especially if you end up getting little to no compensation). In many cases, it is a lottery between compensation, and none. New York no fault insurance laws were established to ensure every civilian has a chance at securing compensation.
The purpose of the no fault system is to help streamline accident claims. This law is necessary to avoid expensive litigation over accidental collisions and provide a quick payment for injury or loss of property.
As experienced personal injury lawyers, we can help you understand the New York no fault laws and how to navigate the process in order to recover your fair compensation.
No fault insurance is a car insurance policy you make with your own insurer. If you are involved in an accident, under the policy, you will be entitled to a sum that covers your medical expenses and loss of income regardless of who is at fault.
It is also known as Personal Injury Protection, or PIP insurance. A no fault insurance policy stands apart from all other auto insurance policies. This is because under the no fault law, your rights to sue for damages are restricted.
In the traditional car insurance claim, you are able to sue the at-fault driver or his insurance company for damages and get a substantial payout if you win.
In a no fault system, things are different. No fault insurance rules differ from state to state. Only 12 states in the United States follow the no fault insurance system.
No fault insurance typically has a coverage limit, which is the maximum amount your insurer will pay for a claim. In states where laws provide for the no fault system, the state usually sets a minimum coverage limit.
You are required to purchase at least the minimum coverage stipulated by your state.If you are injured in a car accident, you file a claim with your insurer to pay for your medical and hospital bills.
Your no fault insurance may also help pay for the following expenses:
You are not able to sue the other driver, nor make a claim for pain and suffering with your own car insurance coverage. There are however situations in which you can step outside the no fault rules in your state.
You can pursue your claim if:
Under these circumstances, you are permitted to step outside the no fault rules and you can make a claim for pain and suffering as well.
New York is a no fault state. It is one of the 12 states in the US that uphold the no fault law. New York’s no fault insurance law was designed to ensure that insurance companies pay compensation regardless of fault.
They must pay cyclists, pedestrians, drivers, and passengers up to $50,000.00 for their legitimate economic losses. This includes ambulance and hospital expenses, doctor bills, prescription drugs and diagnostic tests, such as x-rays and MRIs. It also covers therapeutic services such as physical therapy, as well as compensation for lost wages.
New York No fault Law applies to any cyclist, pedestrian, passenger or driver injured by a motor vehicle in New York. To qualify, these conditions must be met:
Claiming on a no fault policy can be complex. Follow these steps immediately after an accident:
The New York no fault system is intricate and has highly specialized rules. The most important rules to note involve filing and submission deadlines. You must ensure you file within the specified timelines or risk losing your claim. Note that:
Let us help you resolve your no fault insurance claim. Contact us at 206-355-3880 or book a free, no-obligation consultation here to start a conversation.
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If you have been injured in a rear-end collision accident in New York the injuries sustained in this type of accident have the potential to be very severe. As a result, they cost the victim a lot in terms of injuries sustained, piles of medical bills to be taken care of, and potentially losing income. Call a personal injury lawyer today.