New York No-Fault Insurance Claims

New York is one of a few states that use a no-fault system for auto accidents instead of an at-fault system. The purpose of no-fault insurance in NY is to help restore individuals who were hurt in a car crash to good health and productivity as quickly as possible and to prevent frivolous lawsuits from flooding the court system. No-fault insurance in NY helps to pay for your damages following a car accident, regardless of who is at fault. 

However, knowing your rights after getting into an accident can still be confusing. A Binghamton lawyer for car insurance claim can explain your rights to you. The personal injury team at Scott C. Gottlieb, Injury Law Attorney can discuss your case during a free case review. 

How Does No-Fault Insurance Work in NY?

No-fault insurance is also known as “personal injury protection” (PIP). Your PIP coverage pays for medical treatment and other out-of-pocket losses you or others covered under the policy incur, up to your coverage limits. These benefits are paid regardless of who was at fault for the accident.  

No-fault auto insurance can pay for expenses such as:

• Reasonable and necessary medical treatment
• Hospital bills
• Doctor bills
• Ambulance charges
• Medications 
• Rehabilitation expenses 
• Transportations to and from medical appointments
• Lost earnings 
• Household help for services you can no longer complete 
• Death benefits if the motor vehicle crash is fatal 

No fault benefits cover you, your passengers, and all relatives who live with you, up to $50,000 per person, unless you purchased additional benefits. However, the NY no fault insurance law does not apply to motorcycle riders. 

Motorists have to obtain no fault insurance coverage before they can register a vehicle in New York or obtain license plates for it.

How Do You File for No Fault Benefits?

To make a no fault insurance claim in NY, follow these steps:

• Report the accident to the police – At the time of the accident, report it to authorities. Law enforcement can respond to the scene and create an accident report you can later provide to your insurance company.
• Complete a no fault application – You must complete your claim in writing. You can ask your insurance company for the form or download it. You only have 30 days from the date of the crash to file the application with your insurance company, so you can’t delay.
• Ask for documentation regarding your lost wages – No fault insurance benefits allow you to receive 80% of your crash-related lost earnings up to $2,000 per month. However, you will need proper documentation to secure this compensation, including a No Fault Wage Verification Report from your employer and a note from your doctor stating you cannot perform your regular job duties.  
• Keep documentation of your other accident-related losses – You may have other accident-related losses that you may be able to recover compensation for, so keep all your taxi receipts, rideshare invoices, over-the-counter medical supplies, travel expenses, pharmacy expenses, and other out-of-pocket expenses. 

What If Your Damages Exceed Your Coverage?

You may suffer damages that exceed your no fault benefits. It may be possible to step outside of New York’s no fault system if you:

• Have economic losses (like medical expenses or lost earnings) that exceed your no fault benefits; or 
• Suffered a serious injury

You should always speak with a New York car accident lawyer to see if your case qualifies as a “serious injury.” Otherwise, you may fail to get the full amount of money you deserve.

Speak with a New York Car Accident Lawyer for Help

If you were injured in an accident and need help making a New York no fault insurance claim, contact Scott C. Gottlieb, Injury Law Attorney. We provide a free, no-obligation case review.