If you have had a car accident in New York, you may be wondering what no-fault car insurance benefits will cover. This article will explain who can claim no-fault benefits, what are the limitations, when to file claims, and how to file a lawsuit for personal injury.
In New York, no-fault auto insurance is required by law and pays for specific financial losses including medical costs, lost earnings, and other costs. Read on to learn more about what no-fault benefits are and what they cover in New York.
WHO IS ELIGIBLE FOR NO-FAULT BENEFITS IN THE STATE OF NEW YORK?
Fortunately, no-fault benefits are often available for a small cost. In New York, no-fault benefits will cover everything from medical bills to lost wages. However, there are limitations. No-Fault insurance is just for personal injury protection (PIP); meaning it does not cover expenses for repairs to your car or to any other party's vehicles or other personal property. In the event that an injury is caused by a vehicle accident, No-Fault serves as the primary to health insurance, which means it pays first.
Your insurer protects you and any household members under this policy against financial damages brought on by injuries that occured in car accidents anywhere in the United States, territories under the United States, or Canada. No-fault car insurance in New York also offers protection for:
- Any passengers hurt while riding in your vehicle in accidents that occur in the state of New York
- Any visitor passengers who reside in the state of New York who are hurt while riding in your vehicle anywhere in the United States, its territories, or Canada
Keep in mind it’s possible that passengers may be covered under other New York State no-fault car insurance that may apply.
LIMITATIONS FOR NEW YORK’S NO-FAULT BENEFITS
Benefits are capped at $50,000, which may not cover all of your expenses in some cases. No-fault benefits are not a substitute for health insurance, so you should not rely solely on no-fault coverage.
The No-Fault law in New York protects you by paying for medical expenses incurred during a car accident. However, the no-fault carrier isn't responsible for all of the expenses. Instead, you may still have a valid personal injury claim against the other driver's liability coverage. Because of this, it is important to hire a New York car accident attorney with a track record of successfully recovering damages related to car accidents and car accident injuries, like Brandon J. Broderick, for example.
No-Fault benefits are paid to individuals who are injured in an automobile accident by the insurer. These benefits cover:
- Medical costs
- 80% of your lost wages for up to three years, up to a $2000/month max. There are statutory offsets, as well as federal disability benefits
- Household help up to $25 per day, if qualified
- Burial costs
- Other expenses, as needed.
The $50,000 limit for basic No-Fault benefits is referred to as “basic No-Fault coverage.” You must have supplemental no-fault coverage to receive any additional benefits that may be needed to cover all damages in full. If you do not have any supplemental benefits, you can still file suit against the party at fault for your injuries.
You must seek professional health care within a year of the accident. Though in certain circumstances, this deadline may be extended. The deadline to file a claim before the statute of limitations expires is also three years from the date of the accident.
WHEN TO FILE CLAIMS FOR NO-FAULT IN NEW YORK
When filing no-fault car accident insurance claims in New York, it is important to understand that you should file – in writing – within 30 days from the date of the collision. There are exceptions to this 30-day deadline in some instances, but it is always a good rule of thumb to be aware of this deadline and file before it expires.
HOW TO FILE A LAWSUIT AGAINST THE AT-FAULT MOTORIST?
If you have been injured due to negligence by someone else, you can file a lawsuit against the motorist at-fault if you have sustained a “serious injury” as defined by Section 5102 of New York Insurance Law.
When there has been physical injury that is deemed "serious", you may also sue a third party in court for pain and suffering. This would be a course of action you would need to take on your own by hiring a personal injury lawyer, as your insurer is not obligated to supply or pay for a lawyer you may hire to represent you in a claim against another party. You can also sue for property damage and other economic losses that are not covered by your no-fault insurance or that exceed its limitations.
Despite the fact that your New York no-fault car insurance policy covers any passengers hurt while riding in your car due to carelessness on the part of the driver, an injury to your spouse is likely to be excluded from liability coverage. There is, however, an option called Supplemental Spousal Liability Insurance that would provide coverage at an extra cost. Your spouse would still be qualified for the basic No-Fault coverage.
The Law Offices of Brandon J. Broderick Can Help
Don't try to handle a car accident case that caused you injuries on your own, especially if it was caused by a negligent motorist. An adept New York car accident attorney can fight for your rights and seek just compensation for your losses. You can rely on us at Brandon J. Broderick, Personal Injury Attorney at Law to fight hard for your quality of life. We've assisted individuals just like you in moving beyond an injury brought on by someone else's irresponsibility. For a free consultation, get in touch with us now.
Locations around New York City including Queens, Brooklyn, Manhattan, and The Bronx as well as across New York State.