What Are New York State No-Fault Regulations And Do I Apply?
As New Yorkers, many of us know that we live and drive in a no-fault state…but what does that mean?

Dating back to the 1970s, the New York State No-Fault Law was created in drivers’ best interest. In simplest terms, No-Fault Law ensures that insurance companies pay for automobile accident related medical expenses and lost wages, regardless of who is at fault for the accident.

In order to operate a vehicle in the State of New York, the following insurance coverages are required:

  • $25,000/$50,000 for bodily injury per person
  • $50,000/$100,000 for death
  • $10,000 for property damage per accident

For additional information on insurance coverage requirements, please visit: https://www.dfs.ny.gov/consumers/auto_insurance/minimum_auto_insurance_requirements

New York State No-Fault Law applies to pedestrians, passengers, drivers, and bicyclists injured by an automobile. In order to qualify for coverage under this law, the following must apply:

  • The accident must have occurred in New York State
  • The vehicle, which includes taxis, busses, trucks, and cars—not motorcycles—must be registered in New York State
  • The vehicle must be insured by a policy sold in New York State, or issued through a company that is licensed to practice in New York

What Is Covered Under New York State No-Fault Law?
No-Fault coverage applies to medical expenses, lost earnings, and other reasonable and necessary expenses, for example household help and transportation to medical providers, for a driver or passenger injured in, or a pedestrian injured by, your car. Specifically:

  • Reasonable and necessary accident related medical and rehabilitation expenses;
  • 80% of lost earnings from work, up to a maximum payment of $2,000 per month for up to three years from the date of the accident; subject to statutory offsets for New York State disability, Worker’s Compensation and Federal Social Security disability benefits.
  • up to $25 a day, for up to a year from the date of the accident, to reimburse other reasonable and necessary expenses, (e.g., household help, and transportation expenses to/from medical treatment) resulting from the auto accident; and
  • a $2,000 death benefit (in addition to the $50,000 basic No-Fault limit), payable to the estate of a person eligible for No-Fault benefits who is killed in a motor vehicle accident.

Who Is Excluded From New York State No-Fault Insurance?
As with any law, exceptions apply. Under the New York State No-Fault Law, the following will be exempt from No-Fault:

  • Driving while intoxicated or impaired by use of a drug that contributes to the accident, except for emergency health related services performed in a general hospital or by an ambulance worker outside of a general hospital. However, the No-Fault insurer has the right to recover from the intoxicated or impaired driver the full amount of those No-Fault payments made by the automobile insurer for the emergency services provided to the driver if the driver is convicted of driving while intoxicated or impaired through the use of alcohol or drugs.
  • Intentionally causing his or her own injuries;
  • Riding an all terrain vehicle (ATV) or a motorcycle as operator or passenger (a pedestrian struck by a motorcycle or ATV is covered);
  • Injured while committing a felony;
  • Injured while in a vehicle known to be stolen; or
  • An owner of an uninsured vehicle.

It is critical that the required No-Fault application be filed with the correct No-Fault insurance company following a car accident in New York.  The No-Fault application must be filed within thirty (30) days after the car accident in order be active. If you fail to submit your application within this period, your No-Fault benefits will be denied. Therefore, it is very important to have an experienced Queens car accident lawyers at BECK LAW, P.C. take care of this on your behalf.  Do not jeopardize your rights. Contact our office today for a free consultation.