If you’ve been involved in a car accident in New York, you may wonder: How do you get compensation? Or can you sue in a no-fault accident?
While it’s unfortunate having been in a car accident, the good news is you’ve come to the right place. In this article, we will discuss everything you need to know about navigating New York’s insurance system and when further legal action might be possible.
For personalized assistance with your no-fault car accident settlement in NY, call or contact Ferrante & Koenig, PLLC, online for a free consultation. Our experienced team is ready to provide the guidance and support you need so you can focus on recovery.
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New York’s No-Fault Insurance Laws Explained Simply
New York operates under a no-fault insurance system. No matter who caused the accident, your insurance company will cover your medical expenses and lost wages. This system’s primary purpose is to ensure injured parties receive prompt medical treatment without the need to prove fault.
In the past, doctors would refuse to offer treatment since they did not know how they would be paid. So, New York designed no-fault laws to provide certainty to those injured and the doctors who treat them.
Read: FAQ: Car Accident & Auto Insurance Laws in New York State
Who Pays After an Accident in New York?
In a no-fault state like New York, the insurance coverage responsibility falls on the following:
- If you were driving a car or a passenger in a car, that car’s auto insurance is the no-fault carrier;
- If you were a pedestrian or bicyclist struck by a car, the auto insurance for the car that hit you is the no-fault carrier; or
- If you were a passenger on a bus, then your household car insurance is the no-fault carrier, or the bus company’s insurance is responsible if you do not own a car.
Understanding these details is crucial for navigating the NY no-fault insurance system and ensuring you can seek compensation from the correct carrier.
Read: Who Are the Best Car Accident Lawyers in NYC?
Can I Sue for Pain and Suffering Under a No-Fault System?
Yes, you can sue for pain and suffering under New York’s no-fault pain and suffering rules, but only if your injuries meet the state’s definition of “serious.” Serious injuries include:
- Death,
- Dismemberment,
- Significant disfigurement,
- Fractures,
- Loss of a fetus,
- Permanent loss or limitation of use of a body organ or function, and
- Injuries preventing you from performing your usual daily activities for at least 90 days within the 180 days following the accident.
Proving these injuries typically requires consistent medical treatment and objective evidence, such as MRI results or nerve tests. Some of the categories, like death, dismemberment, significant disfigurement, fractures, or the loss of a fetus, are self-explanatory. However, most claims fall into the other categories.
In essence, these categories reflect how the accident has limited your abilities. These limitations can manifest in your daily tasks, such as getting dressed, doing housework, cooking, cleaning, sleeping, or enjoying hobbies, sports, and exercise. We refer to these as “qualitative” limitations.
There are also measurable limitations, such as the inability to turn your neck, bend over, raise your arm, or straighten your leg. These are known as “quantitative” limitations.
How Much Should I Expect My No-Fault Settlement to Be?
The amount you receive from a no-fault settlement can vary widely based on the specifics of your case, including the severity of your injuries, medical expenses, and lost wages. While your no-fault insurance covers your medical bills and some lost wages, compensation for pain and suffering requires meeting the “serious injury” threshold.
Read: What Is The Value Of My New York Car Accident Case?
How Long Do I Have to File a No-Fault Injury Claim in NY?
New York’s no-fault insurance rules are strict about deadlines:
- You must file a no-fault application within 30 days of the accident;
- You must submit medical bills to the no-fault carrier within 45 days of treatment; and
- Other expenses, such as lost wages and out-of-pocket costs, must be submitted within 90 days of being incurred.
Adhering to these deadlines is essential to ensure your claim is processed smoothly under the NY no-fault insurance system.
Read: How Long Do I Have to File a Personal Injury Claim in New York?
Will My Insurance Rates Go Up After Making a No-Fault Claim in NY?
Filing a no-fault claim in New York should not directly impact your insurance rates since it is a fault-neutral system. However, your insurance premiums may increase if you are found at fault for the accident.
Will a No-Fault Accident in NY Still Go on My Record?
Yes. Your driving record will still record an accident, even under the no-fault system. This record can be reviewed by insurance companies and potentially affect your premiums.
How Long Does the No-Fault Claims Process Take in NY?
The timeline for the no-fault claims process can vary. It usually takes a few weeks to a few months. The insurance company processes your claim during this time and issues payments for your medical expenses and other covered costs.
Read: How Long Does It Take To Settle a Personal Injury Claim in New York?
Who Pays for Car Damage Under NY’s No-Fault System?
While no-fault insurance covers personal injuries, it does not cover car damage. You must file a separate claim with the at-fault driver’s insurance or your collision coverage to get reimbursed for vehicle repairs.
Who Pays If My Damages Exceed the Insurance Policy Limits?
If your damages exceed the no-fault insurance policy limits, you may need to sue the at-fault driver for more money. This is often needed to receive money for pain and suffering. It also covers any remaining medical expenses or lost wages.
How Much of My Lost Wages Will Be Paid Under NY’s No-Fault System?
Under New York’s no-fault system, you can receive reimbursement for up to 80% of your lost wages, with a maximum of $2,000 per month. This coverage is available for up to three years from the accident date.
Do I Need to Hire a Lawyer for a No-Fault Claim, or Can I DIY?
While you can file a no-fault claim on your own, hiring an experienced attorney can help ensure you receive the full compensation you are entitled to. A lawyer can assist with navigating complex legal requirements, gathering necessary evidence, and advocating on your behalf.
Understanding New York’s no-fault insurance system’s intricacies is necessary to ensure you receive adequate compensation after a car accident. Being informed can significantly affect your case’s outcome, whether handling the claim yourself or seeking legal assistance.
Read: How Does a Lawyer Determine the Validity of Your Personal Injury Claim?
Take Action with Ferrante & Koenig, PLLC
At Ferrante & Koenig, PLLC, we provide prompt responses and swift action so that you can transfer the burden of legal complexity and focus on your recovery as soon as possible. In addition, our firm has received awards for NY SuperLawyers, Avvo 10.0 superb rating, and Google 5.0 rating.
We aim to provide this level of service to all clients. For professional assistance, call or contact us online to set up a free consultation and receive help with your no-fault car accident settlement in NY.
