Understanding New York No-Fault Laws

The no-fault laws in New York influence how an individual who has been injured in an auto accident can seek compensation for medical bills, lost wages, and other damages. Under this law, all motorists registered in the state must have at least $50,000 in personal injury protection (PIP) insurance that reimburses medical bills and economic or financial losses when a driver or passenger suffers an injury. These benefits are available to drivers, passengers, bicyclists, and pedestrians involved in a car accident.

How to Claim No-Fault Benefits

A silver car with the driver side back bumper broken off

To be eligible for this form of compensation, the injured driver or passenger must file a claim within 30 days of the accident by submitting a no-fault application to the other driver’s insurance company for the car that they were in. This form is complicated and should be completed with the help of an attorney.

The no-fault insurance company is responsible for paying your medical bills, lost wages, and other associated expenses. New York requires the insurer to pay a minimum of 80% of the driver’s lost earnings with a monthly cap of $2,000 for up to three years from the accident date. The total benefit amount may not exceed $50,000. Without the help of a lawyer, it is very difficult for a layman to have the insurance carrier pay their lost wages. The injured person’s employer must verify their employment details with a special form. The Law Office of Carl Maltese is well trained in making sure the employer completes the form properly so that our clients receive their lost wages.

Exceptions to the No-Fault Law

New York’s no-fault law does not provide benefits for motorcyclists and their passengers. Uninsured drivers are also ineligible for a no-fault claim. If a driver caused an accident on purpose, he or she will be denied no-fault insurance coverage.

When insurance coverage does not compensate the driver for the full costs of his or her medical bills or lost wages, he or she may file a personal injury lawsuit when a third party was at fault for the crash.

If you’ve been injured in a car accident, you can trust the team at The Law Office of Carl Maltese to advocate on your behalf. We have years of experience dealing with insurance companies, and we will work diligently on your case. Contact our Smithtown office for a free consultation at (631) 543-8811.

(631) 543-8811

1050 W Jericho Turnpike Smithtown, NY 11787