What Are New York State No-Fault Regulations And Do You 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, which can include costs associated with lost wages, regardless of who carries the fault of the accident. Additionally, this protects the interests of the at-fault driver, as No-Fault Law prevents negligent parties from being sued personally—only through insurance.
The state of New York also requires registered motor vehicles to have liability insurance with the following minimum coverage amounts:
- $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.
CONTACT OUR QUEENS PERSONAL INJURY LAWYERS TO FIND OUT MORE.
Injured victims must be aware of the thirty (30) day time frame that they have to submit their No-Fault Application to their insurance company following the accident. All of the above can feel very frustrating and confusing, leaving you unsure where to start. Not to worry— teaming up with our experienced Queens accident attorneys at Beck Law P.C. can help you understand whether you qualify for a claim under New York State No-Fault Law. Contact us today. The call is free, the advice is priceless. Contact us Beck Law, P.C. today at (516) 388-7785 for a free consultation, and let us set up your claim!