Does No Fault Insurance Cover Pedestrian Accidents in New York City?
If you’re a pedestrian struck by a car or truck, New York State no-fault insurance might cover your costs for medical care and lost wages.
However, it’s always best to contact our New York pedestrian accident lawyers to discuss your options. Otherwise, you may miss out on the maximum compensation you deserve.
How New York No-Fault Insurance Works
New York is one of about a dozen states that operates on a so-called “no-fault” auto insurance model. Here’s how it works:
- In the event of an accident, vehicle occupants may file claims with the insurance company that covers the auto in which they were riding.
- Other victims (such as pedestrians) can also file a claim with the company providing coverage.
- The vehicle must be registered in New York AND covered by an insurance company doing business in the State.
- The no-fault system caps compensation amounts at pre-determined levels, including $50,000 for medical treatment and up to 80% of lost wages.
For example, let’s say you’re crossing a street when you’re hit by a car. You can then file a claim with the company that covers the vehicle that struck you, without waiting for the legal system to determine who was at fault.
The amount of no-fault compensation you receive is capped by the $50,000/80% limits mentioned above. However, the system does allow accident victims to pursue additional compensation in certain cases, such as when the pedestrian has suffered a “serious injury.”
Determining when an injury qualifies as “serious”
In New York State, a pedestrian accident victim can seek added compensation if the accident caused any of the following:
- “Significant disfigurement”
- Broken or fractured bones
- Impaired use or function of a bodily organ or limb
- Disability lasting 90 days or longer
These exceptions involve legal and medical terms listed in section 5102(d) of the New York Insurance Law. Contact our New York City personal injury lawyers to learn more.
The time to act is now
New York State encourages injury victims to file a claim for compensation as soon as possible after the accident. The current deadlines are as follows:
- Initial claims must be filed within 30 days
- Related medical bills must be submitted within 45 days
- Lost wage claims must be submitted within 90 days
The State allows electronic record transfer to speed the processing of forms.
Does filing a no-fault claim take away your right to seek further action?
No, it does not. You should still contact a qualified law firm to discuss your legal options, even if you’re approved for compensation under the no-fault system.
New York’s no-fault coverage system was created to help injured people receive care and compensation as soon as possible. Many pedestrians hurt in a vehicle crash, however, suffer total losses that extend way beyond the limits of the no-fault compensation available to them. In these cases, accident victims have the right to make additional claims for money damages to cover medical bills, lost wages, loss of quality of life, and more.
In the midst of the physical pain, financial hardship, and mental suffering caused by a pedestrian accident, the last thing you want to worry about is filing a lawsuit. Working with a personal injury lawyer can help take that burden off your shoulders so that you can put your focus on recovery and getting your life back to normal.
Choosing the right law firm to handle your case
Sometimes accident victims avoid seeking the help of a personal injury attorney due to concerns over costs. Other times, they assume that the funds they receive from a no-fault payout are all that they can realistically expect.
Don’t let these or other misconceptions about how the legal process works keep you from pursuing the money compensation you deserve after a pedestrian accident. At Douglas and London, our seasoned attorneys stand ready to help you in any way they can.
Here’s why we’re the firm to trust with your case:
- Our consultations are always free: Talking to us won’t cost you a dime. We’ll let you know right away if we think we’re the right law firm for your needs.
- We have the right track record: Our capable attorneys have recovered more than $18 billion for their clients over the years.
- We work on contingency: We only collect our fees if you win your case.
- We’re always available: Someone from our office is ready to talk to you right now, either online or by calling our convenient office number.
You owe it to yourself and your family to take full advantage of the compensation available to you after a pedestrian accident injury. Don’t leave money on the table. Reach out to Douglas and London today to schedule a free case review.