Hurt in a car accident that is clearly not your fault? After being involved in a car accident, it is important that you know how to handle the situation without causing any unnecessary harm to your safety, health, and rights to compensation. But in a ‘no-fault’ insurance state like New York, how can you receive what could have been your compensation for the injuries from the accident?
A few years back, in what was perceived as an attempt to speed up compensation claims, the New York State introduced the “no-fault” laws, designed to provide quick financial benefits to victims of auto accidents, regardless of who’s at fault. Despite the no-fault law helping people get compensation faster, there are still many complications that many New Yorkers are yet to understand. No fault laws are one of NY States greatest tools for combating personal injury law negligence.
New York No-Fault Coverage
New York is a no-fault insurance state. This means if you, a New Yorker, get into an auto accident, you’ll be compensated for the injuries and other possible damages by your insurance company, regardless of who is responsible. Your insurance company will have to compensate you for the medical costs and other losses you might incur after the accident, including lost wages.
New York is one of the several states in the US to implement the no-fault car insurance system. Your PIP coverage applies to you or anyone driving your car, any passenger riding in your car, and any pedestrian hit by your car. Even though this system is designed to help you get compensation faster, it might not allow you to get as much compensation as there are coverage limits.
Coverage limits In New York
New York requires every driver to have no-fault coverage for personal injury protection. The minimum coverage amounts every driver in New York must carry includes;
$25,000 liability for bodily injury per person
$50,000 liability for bodily injury per accident
$10,000 liability for property damage per accident
$50,000/$100,000 for death
New York No-Fault Coverage
The covered person is the person injured from the covered accident. The owner or the passenger of the vehicle is termed under covered person. A covered accident is an accident that occurs while using a car.
In New York, the no-fault insurance covers;
- Reasonable or necessary medical bills from the accident
- 80% of lost wages, for up to $2,000 per month, to three years from the time of the accident
- Maximum of $25 a day for up to a year compensation for expenses caused by the accident
- $2,000 death benefit to the estate of any person that died from the accident, which is covered
The state expects all claims for no-fault personal injury compensation to be properly filed within 30 days from the day of the accident. The insurance company also has 30 days to respond to your claims.
It is equally important to note that motorcyclists or passengers on a motorcycle are not covered. Also, you might not be eligible if you were intoxicated while driving, injured while committing a felony, or if the owner of the vehicle is uninsured.
No-Fault Insurance And “Serious Injury”
Despite the no-fault insurance legislation, if you’re injured in New York, the law allows you to sue the driver and claim compensation as long as your claim meets the “serious injury” bracket. This involves;
- Bone fracture
- Total disability for 90 days
- Permanent damage to body organ or system
An injury can affect your life forever. You deserve to be fully compensated for all damages resulting from personal injury. It is your right. You’re entitled to it. Discover how you can get your full compensation today. Speak with a local personal injury near you.