What is No-Fault Insurance in New York?

Twelve states (including New York) and Puerto Rico have passed laws that require drivers to carry “no-fault” auto insurance on their vehicles. However, each jurisdiction defines and applies its no-fault laws in different ways. We have extensive experience in advocating for car accident victims in New York. Our New York City car accident lawyers help them to recover maximum compensation for their injuries and losses under the state’s no-fault insurance laws and rules.

What Are the Basics of New York No-Fault Auto Insurance?

With no-fault insurance, your insurance carrier is the first source of recovery to pay for the crash losses and injuries regardless of who is liable. New York car owners must carry at least $50,000 in personal injury protection (PIP) insurance coverage for each injured victim. New York also requires you to carry minimum liability and uninsured motorist coverage under its no-fault insurance structure.

What Costs and Expenses Are Covered by New York No-Fault Insurance?

Under New York’s no-fault laws, you can recover compensation from your insurance carrier for:

  • reasonable and necessary medical expenses incurred in the treatment of injuries;
  • up to 80% of the amount of your lost wages with a cap of $2,000 per month and for three years from the date of the car accident (lost wage reimbursements will be offset by payments from other sources, such as Worker’s Compensation and Federal Social Security Disability);
  • up to $25 per day for certain household and other expenses that result from the accident

What if My Losses and Injuries are Greater Than No-Fault Insurance Limits?

Medical expenses add up quickly, and you can quickly reach the PIP limits of a no-fault insurance policy. New York’s rules place limits on your ability to pursue a tort liability lawsuit against the at-fault party. However, car accident injury lawsuits can be filed in New York when you suffer a “serious injury,” which can include death, disfigurement, loss of a limb, broken bones, or permanent and long-lasting injuries and disabilities.

If you have questions about your right and ability to file a lawsuit—you can consult with a personal injury lawyer at Douglas and London as soon as is possible after the accident.

What Other Damages Might Be Available in a Car Accident Liability Lawsuit?

In addition to medical costs and expenses that exceed no-fault insurance coverage limits, you might also be able to recover damages for the pain and suffering caused by your injuries. These damages are not covered by New York’s no-fault insurance laws, and therefore you will not receive reimbursement for pain and suffering from your insurance carrier.

Contact us at Douglas and London today

If you require legal representation to recover the full amount of damages that you are entitled to receive, contact us today

As noted earlier, our New York City personal injury lawyers have extensive experience in representing car accident victims and we know how to pursue maximum reimbursement from insurance companies. Please see our website or contact our offices directly as soon as possible for a free consultation.  

Resources:

  1. www.iii.org: Background on No-Fault Auto Insurance,
    https://www.iii.org/article/background-on-no-fault-auto-insurance
  2. www.ny.gov: Minimum Auto Insurance Requirements Coverage,
    https://www.dfs.ny.gov/consumers/auto_insurance/minimum_auto_insurance_requirements
  3. www.pia.org: An Explanation of New York’s No-Fault Law and Motor Vehicle PIP Insurance Benefits,
    https://www.pia.org/cs/31373
What is No-Fault Insurance in New York? | Douglas and London