Wellborn Paluch, LLP Blog

Sunday, March 26, 2017

What does New York’s no fault law mean?

If you are injured in an accident, in the moment, you may not care too much about who was at fault. You may be suffering extreme pain and just want it to be over with, or you may simply be grateful that you and your loved ones are alive. As the dust starts to clear and it comes time to pay the bills, who was at fault may take on a little more significance. This is where a personal injury lawyer may become your best friend and ally.

While fault does come into the picture at some point after an accident, when it comes to personal injuries, New York is considered a “no fault” state. So what does this mean for you?

New York No Fault Insurance

This means that in New York, if you are in an accident, regardless of who is at fault, your insurance company must pay for any damages and medical costs due to the accident.

Now, the caveat is that you must maintain liability insurance on your vehicle with minimum coverage amounts. By law you must have insurance that covers:

  • $25,000/$50,000 per person for bodily injury
  • $50,000/$100,000 for death
  • $10,000 for property damage

Whose Insurance Pays?

No fault insurance benefits are paid by the company that insures the vehicle that you are:

  • driving
  • a passenger in
  • struck by as a pedestrian or cyclist

Who Is Not Covered by No-Fault Insurance?

New York’s no-fault law does not cover motorcyclists, small scooter drivers, drunk or otherwise intoxicated drivers and people insured by an out of state policy.

What Does No Fault Insurance Cover?

If you are seriously injured in an accident, no fault insurance will cover:

  • damage to your vehicle or bicycle
  • medical expenses, including prescriptions, bandages and other incidentals
  • ·out-of-pocket expenses up to $25 per day
  • lost wages

What To Do After An Accident

You must file a claim for no-fault insurance within 30 days from the date of the accident. If you are uncertain about where to send your claim, an experienced personal injury attorney can help. To be on the safe side, you may want to contact the New York State Motor Vehicle Accident Indemnification Corporation, a state-run agency that acts as an insurance company if you are struck by someone who is not carrying liability insurance.

Talk to a Personal Injury Attorney

Tackling the no fault insurance process alone can be daunting. If you have been in an accident, the best thing you can do is talk to a personal injury attorney who knows the ins and outs of insurance claims.  At Wellborn, Paluch, LLP, our highly skilled New York personal injury attorneys will be your advocates and vigorously fight for your rights. Call us today at (844) 855-HURT for a free consultation. Let us put our experience to work for you.


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