New York No Fault Insurance Law
New York’s No-Fault Insurance Law offers
benefits (quick payments for expenses) and restrictions (on lawsuits
for pain and suffering). This document provides an overview of
New York’s No-Fault insurance law and
regulations and offers guidelines for you to follow if you are
involved in an accident. This document does not provide legal
advice, which you can only receive by consulting an attorney. If you
have questions or think you may have a lawsuit, please feel free to
contact me at 1-800-660-1466.
Click on any of the following links to learn more:
An Overview of
New York's No-Fault Law
New York is one of 12 states that have a
No-Fault auto insurance program. As the name suggests, under the
No-Fault law, insurance coverage does not depend upon who is to
blame in an accident.
New York State’s No-Fault law
requires your insurance company to
pay up to $50,000 for accident-related medical expenses, lost
earnings and incidental costs, no matter who is at fault. The
coverage includes the driver and passengers and the covered expenses
include not only medical costs, but lost wages for up to three years
and related expenses.
If a pedestrian or bicyclists is struck
by a car, under New York’s No-Fault insurance law, the insurance
company of the driver of the car would cover the pedestrian or
bicyclist. New York’s No-Fault insurance does
not cover drivers or
passengers on a motorcycle.
New York’s No-Fault law enables people to receive payment for
medical expenses, lost wages and other expenses fair compensation
without having to go to court to prove who was at fault in an
accident. Under this law, the injured parties do not have to sue to
prove fault and collect benefits. However, there is a trade-off: New
York’s No-Fault Law also limits the ability of people injured in a
motor vehicle accident to sue for additional damages or pain and
suffering.
If you believe you should receive
compensation beyond the No-Fault coverage, you will need to bring a
legal action to collect that compensation. You should consult with a
New York attorney experienced with motor vehicle cases and the New
York’s No-Fault law. I have extensive experience in this field and
would be glad to discuss any questions you may have. You should call
me at 1-800-660-1466.
Filing a No-Fault Claim
If you have been in a motor vehicle
accident, you should contact your auto insurance carrier and notify
them of the accident. Your auto insurance company is your No-Fault
carrier. You will then submit all medical expense, claims for lost
wages and claims for reimbursement of other expenses to that
carrier.
If you were a passenger in an accident or
a pedestrian of bicyclist struck by a car in New York, you are
entitled to No-Fault benefits, You will need to contact the
insurance company for the driver to file for your No-Fault benefits.
You must file a notice within 30 days of the accident or you may
lose your benefits.
Claiming No-Fault benefits in New York
requires you to file
a Notice of
Accident form (the NF-2) to the insurer of the car you were in
when the accident occurred. Pedestrians or bicyclists should send
the
NF-2
form to the insurer of the vehicle that hit them. You must file a
written notice within 30 days. You will do best to submit the
NF-2 form
within 30 days of the accident to qualify for benefits. Do not
delay. If you are unsure if you need benefits, send the form to
protect your rights.
No-Fault Benefits:
Medical Expenses
The No-Fault benefits should cover your
medical expenses. If you receive medical care due to injuries
suffered in a motor vehicle accident, make sure your doctors and
other health care providers know that your case involves a motor
vehicle accident. Tell them that No-Fault insurance will cover your
medical expenses should be covered by No-Fault. You will need to
give them the name of the insurance company along with the policy
number and/or claim number. Your doctor or other medical providers
should bill the No-Fault insurance company directly, but if they
send you a bill, you should contact the No-Fault carrier. New York
State regulations set the
reimbursement rates for healthcare providers paid by No-Fault.
No-Fault Benefits: Lost
Earnings
Basic No-Fault coverage entitles you to
receive 80% of your accident-related lost earnings up to $2,000 a
month paid over a maximum of three years. To qualify, your employer
must submit proof of your wages, the reason you cannot work and your
loss of income. Your employer must submit that information within 90
days of the accident. If your employer fails to submit he necessary
information on time, you lose out on your benefits. The lesson: make
sure your employer sends the information to the No-Fault carrier.
No-Fault Benefits: Other
Expenses
You are entitled to receive coverage for
any expenses you incurred because of the accident. For example, if
you need to fill a prescription, No-Fault should pay for that
medicine. If you need to take a taxi or a bus to a doctor’s
appointment, No-Fault should cover that expense. Even if you have to
hire someone to help with housework or babysitting because of your
injuries, No-Fault should pay for those expenses that you would not
have otherwise incurred if you had not had the accident.
Seeking
Compensation Beyond No-Fault Insurance
While No-Fault coverage will pay for most
medical expenses, lost wages and other expenses, it will not cover
beyond $50,000 and does not compensate for pain and suffering.
If you believe you should receive compensation beyond the No-Fault
coverage, you will need to bring a legal action to collect that
compensation. You should consult with a New York attorney
experienced with motor vehicle cases and the New York’s No-Fault
law. I have extensive experience in this field and would be glad to
discuss any questions you may have. You should call me at
1-800-660-1466.
Threshold Requirements to Seek Compensation Beyond New York’s Motor
Vehicle No-Fault Insurance Benefits
To seek compensation beyond the No-Fault
limits, New York State Insurance Law requires you to prove that you
sustained a “serious” injury as a result of the accident.
New York Insurance Law [§5102(d)] defines serious injury as
follows and you must satisfy at least one of these seven
definitions:
1.
Personal injury which results in death;
2.
Dismemberment; significant disfigurement;
3.
Fracture;
4.
Loss of a fetus;
5.
Permanent loss of use of a body organ,
member, function or system;
6.
Permanent consequential limitation of use of
a body organ or member; significant limitation of use of a body
function or system; or
7.
A medically determined injury or impairment
of a non-permanent nature which prevents the injured
person from performing substantially all of the material acts
which constitute such person's usual and customary daily activities
for not less than ninety days during the one hundred eighty days
immediately following the occurrence of the injury or impairment.
Many motor vehicle accidents result in
soft-tissue injuries which can be very painful and debilitating.
Recent court rulings in New York are making it harder to meet these
insurance threshold requirements. Soft tissue injuries must meet
item six or seven and require documentation of specific injuries,
extensive treatment and lost or limited functionality. Understanding
and meeting the threshold standards requires the counsel of an
New York attorney experienced with No-Fault cases. I have extensive experience in this
field and would be glad to discuss any questions you may have. You
should call me at 1-800-660-1466.
This information is intended for education purposes. It is not legal advice. If you want legal advice, you should consult with an attorney.
Carol L. Schlitt - A New York Car Accident Attorney
I hope you have found this overview of New York's No-Fault law helpful. If you have been involved in a car accident in New York, you may need the advice of a lawyer experienced with handling these cases. If you think you have a car accident case or if you have questions, please call me and I will be glad to discuss your rights, answer your questions and help you with your potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
Carol L. Schlitt
New York Personal Injury Attorney
1-800-660-1466
Carol@SchlittLaw.com.