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How Do New York’s No-Fault Laws Impact Your Claim After an Accident?

New York is a no-fault state for auto accident claims. If you get in an accident, you can receive reimbursement for the cost of injuries regardless of who caused the collision. Before paying out of pocket for medical bills, learn how no-fault laws impact your insurance claim.

Reviewing the Extent of Coverage

A wrecked vehicle in the middle of the street

New York requires drivers to have no-fault coverage for personal injury protection. With this type of policy, you can request reimbursement for lost wages and medical costs resulting from the accident. You can also use these funds to cover the cost of travel to and from medical appointments, household help if you become disabled, and other reasonable expenses.

Filing a Claim

You must act within 30 days of the accident to claim reimbursement under your no-fault personal injury policy. If you were the victim in a pedestrian crash or a collision in which another driver hit you, you can file a claim with the responsible driver’s insurance policy. If the insurer accepts your claim, the company will reimburse your costs up to the policy limits (usually $50,000—although some drivers purchase higher-limit policies).

Receiving Coverage

The insurance company has 30 days to respond to your completed claim, after which you can submit your medical bills and other costs for payment. If you can no longer work, you may qualify for disability payments of 80% of lost wages up to $2,000 per month. These payments cease after three years or $50,000. You may also qualify for up to 26 weeks of New York disability payments.

Understanding Exceptions

If you get in an accident with an uninsured driver, you can file a claim with your no-fault policy. If you were a pedestrian or cyclist at the time of the accident with an uninsured driver, you can file a claim with the New York State Motor Vehicle Accident Indemnification Corporation. You cannot claim no-fault benefits in a New York auto accident if you were on a motorcycle at the time of the accident, you caused the accident due to intoxication, or you were driving and did not have auto insurance.

Recouping medical costs after an auto accident can be complicated, whether dealing with the insurance company or suing a negligent driver who caused your injuries. Leav & Steinberg LLP specializes in helping New York City residents recover financially after catastrophic injury. Contact us at 212-766-5222 to schedule your free personal injury consultation.

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