New York’s automobile no-fault law was enacted back in the 1970s to make sure that insurance companies paid for legitimate car accident-related damages. This includes lost earnings, medical expenses, and incidental costs of those involved in the car accident – no matter which driver was actually to blame for the crash. The intent behind New York’s no-fault law was to provide quick payments for benefits and restrictions on lawsuits for pain and suffering. If you or someone you know has been injured in a New York automobile accident, below is some basic information about the state’s no-fault law and how it affects you.
What is no-fault coverage?
New York is one of 12 states that have enacted no-fault coverage. This is separate and apart from a bodily injury claim. Each one has its own laws and rules, is handled by different adjusters and departments at the insurance company, and has different standards of proof, coverage and available compensation.
New York’s no-fault law will pay up to $50,000.00 for economic losses. These may include hospital expenses, doctors’ bills, diagnostic tests, lost wages, and prescription drugs. No-fault claims do not include compensation for pain and suffering. Additional claims may be pursued by a separate lawsuit against a vehicle owner, driver or any other party responsible for the crash.
Who Gets no-fault
New York no-fault law applies to any pedestrian, passengers, driver, or cyclist injured by an automobile in New York. The following conditions must be met in order to be eligible for no-fault coverage:
- The automobile is registered in New York;
- The accident occurred in New York;
- The injured victim was the driver or passenger of the insured vehicle;
- The injured victim was a cyclist or pedestrian struck by or in contact with the vehicle;
- The vehicle is a taxi, bus, car or other vehicle (not a motorcycle) covered by New York no-fault law;
- The vehicle is covered by an insurance policy sold in New York or issued by a company that is licensed to do business in New York.
It is important to know that not everyone may be eligible for no-fault coverage in New York. This includes motorcyclists, vespa or scooter drivers, as well as someone injured as a result of operating a vehicle while intoxicated. Other specific circumstances in a New York automobile accident would not fall under the state’s no-fault law.
New York Automobile Accident Attorneys
While New York’s no-fault law was originally designed to be non-adversarial, however, the experience often turns out to be just the opposite. No-fault rules change regularly, and failure to comply with one element of a claim may destroy your rights to compensation. A knowledgeable automobile accident attorney will be familiar with New York’s no-fault regulations and will know the insurance company’s tactics and navigate attempts to deny benefits. The skilled lawyers at Grant & Longworth can guide you every step of the way during this difficult time. Call toll free at (800) 836-3519 today to schedule a call with one of our experienced lawyers.