Understanding New York’s No-Fault Car Accident Claims
Were you hurt in a car accident in New York? If so, New York State no-fault car accident insurance benefits may cover your medical bills, lost wages, and other expenses. However, the claims process isn’t always straightforward. Insurance companies frequently delay, reduce, or deny benefits, and the rules around deadlines and eligibility are easy to get wrong without the right guidance.
A knowledgeable attorney from Dalmata, Maloy, & Burke, LLP, can review your situation, explain your options, and fight to make sure you receive every dollar you’re owed. Contact us today to arrange your free, no-risk initial consultation.
What Is No-Fault Insurance in New York?
New York is a no-fault insurance state. This means that after a car accident, your own insurance company pays for your medical bills and certain other losses, regardless of who caused the crash. The no-fault system exists to quickly compensate injured people, without waiting for fault determinations after an accident. Drivers in New York are required to carry no-fault personal injury protection (PIP) coverage as part of their auto insurance policies.
Who Is Covered by No-Fault Insurance Benefits After a New York Car Accident?
Drivers, passengers, and pedestrians involved in traffic accidents are all generally eligible for no-fault benefits in New York.
If you were a driver or passenger, you file with the insurer of the vehicle you occupied. If you were on foot, you file with the insurer of the vehicle that struck you. If that vehicle was uninsured or unknown, you may file through a household member’s no-fault policy or, if none exists, through the Motor Vehicle Accident Indemnification Corporation (MVAIC).
Motorcycle riders are excluded from no-fault benefits, though they may sue at-fault drivers for their losses.
What Losses Does No-Fault Insurance Cover?
New York State no-fault insurance pays for medical expenses related to your accident injuries, a portion of lost wages if your injuries keep you out of work, and certain other reasonable and necessary expenses.
However, no-fault coverage has limits, and it doesn’t cover everything. It won’t compensate you for pain and suffering, for example. If your losses exceed those limits, or if your injuries meet New York’s serious injury threshold, you may have grounds for a fault-based claim.
How to File No-Fault Insurance Claims in NY
To file a no-fault claim in New York, you’ll need to notify your insurance company promptly after the accident. You’ll also need to submit documentation of your medical treatment and any lost wages. Insurance companies can deny or reduce benefits based on technicalities, so it’s worth having an attorney review your claim before you submit it to make sure everything is in order.
Critical Deadlines for New York No-Fault Insurance Claims
New York’s no-fault system has strict deadlines, and a missed deadline can cost you your benefits. You must notify your insurer within 30 days of the accident. Medical providers generally have 45 days to submit bills, and you have 90 days to submit lost wage claims. If you’re unsure about specific deadlines or whether you’ve met all the requirements, contact a lawyer as soon as possible.
What to Do After a Car Accident to Protect Your No-Fault Benefits
After a car accident, you should take the following steps to protect your right to no-fault benefits:
- Seek medical attention promptly, even if your injuries seem minor at first.
- Report the accident to your insurance company right away
- Keep records of all medical visits, bills, and any time you miss work.
- Avoid giving recorded statements to insurers without legal counsel
- Contact an attorney as soon as possible to make sure your claim gets off to a strong start.
How Can Dalmata, Maloy & Burke, LLP, Help?
At DMB Legal, we’ve built a reputation for determined, trustworthy representation that accident victims in New York’s Capital Region have come to rely on. Our experienced car accident attorneys take a personal approach to every case we handle. No client is ever treated like just another case number at our firm. In fact, many of our clients return to us when they need legal help again, because they know they’ll be treated with the same care and attention every time. We’re also available 24/7, with quick response times for calls, messages, and emails, so you’re never left waiting for answers.
FAQS
New York’s no-fault insurance system can raise a lot of questions, especially for claims that don’t go smoothly. Here are straightforward answers to some of the ones our lawyers hear most often.
What If the Insurance Company Refuses to Pay?
If your insurer denies your no-fault claim, you have options. You can request arbitration through the American Arbitration Association, or you can take the dispute to court. Insurance companies sometimes deny claims on technical grounds or in bad faith. A car accident lawyer can help you push back.
Can You Sue the Other Driver?
New York’s no-fault system limits your ability to sue, but it doesn’t eliminate it entirely. If your injuries meet the state’s “serious injury” threshold, you may have the right to step outside the no-fault system and bring a claim directly against the at-fault driver. In this context, serious injuries include those that result in significant disfigurement, fractures, or substantial limitations to your daily activities.
Does No-Fault Insurance Cover Pain and Suffering?
No. No-fault benefits cover medical expenses, a portion of lost income, and certain out-of-pocket costs, but they don’t compensate you for pain and suffering. To recover compensation for pain and suffering, you must meet the legal serious injury threshold and pursue a claim directly against the at-fault driver.
Do Passengers Qualify for No-Fault Benefits?
Yes. Passengers are eligible for no-fault benefits regardless of who caused the accident. As a passenger, you can file a claim with the insurer of the vehicle in which you were riding.
Contact Our NY Car Accident Lawyers for a Free Consultation
DMB Legal has spent 30 years fighting for accident victims across New York and has recovered millions of dollars in verdicts and settlements. That combination of experience and genuine client commitment is what sets our firm apart and keeps people coming back. Don’t just take our word for it; here’s what our clients have to say:
“Respectful and hard working.”
“Helpful local law firm.”
“Great representation.”
— Lanel
If you were hurt in a New York State no-fault car accident, DMB Legal is ready to help. Contact us today to arrange a free, fully confidential initial consultation, and let’s talk about what we can do for you.