New York is a no-fault state for auto accident claims. which means if you’re in a car accident, your auto insurance carrier is responsible for paying certain damages from the accident, regardless of fault. These are benefits paid by the insurance company of the car you were driving, was a passenger in or were struck by as a pedestrian. So, even if another driver could be clearly at-fault for the accident, your auto insurance pays the claim for your medical bills. This is in contrast to at-fault states, where the at-fault driver is responsible for paying the other driver’s damages. Before paying out of pocket for medical bills, learn how no-fault laws impact your insurance claim.
New York No-Fault Coverage
New York requires drivers to have no-fault coverage for personal injury protection. You can request reimbursement for lost wages and medical costs resulting from the accident. You can also use these funds to cover the cost of travel to and from medical appointments, home health aides and therapists, as well as other related expenses. However, you must act quickly after an accident.
Time Limits for Filing a Claim
You must act within 30 days of the accident to claim reimbursement under your no-fault personal injury policy. If the insurer accepts your claim, the company will reimburse your costs up to the policy limits listed below. However, if you've been seriously injured, you may have grounds for an injury claim. Policy limits:
- $25,000/$50,000 for bodily injury per person
- $50,000/$100,000 for death
- $10,000 for property damage per accident
Serious Injury in a New York Car Accident
If you’ve been seriously injured in a New York car accident, you may be able to file an injury claim and seek additional compensation for your pain and suffering. Serious injury is defined by New York law but includes a fracture, significant scarring and loss of fetus. An experienced injury attorney can help you understand your options.
Uninsured Drivers Accidents in New York
If you get in an accident with an uninsured driver, you can file a claim with your no-fault policy. If you were a pedestrian or cyclist at the time of the accident with an uninsured driver, you can file a claim with the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC). You cannot claim no-fault benefits in a New York auto accident if you were on a motorcycle at the time of the accident, you caused the accident due to intoxication, or you were driving and did not have auto insurance.
Next Steps After a Car Accident
After a car accident, you may be focused on your own physical health and recovery. An experienced New York car accident attorney can help you understand your options if you’ve been seriously injured. At Brandon J. Broderick, Attorney at Law, we believe in compassionate client care and results. Contact us today and one of our trusted team members will listen to your story, learn about your case, and can advise you next steps. Many of our clients feel a sense of relief once they make that first phone call.