Understanding New York State’s No-Fault Laws
In an attempt to expedite compensation claims, New York State implemented a “no-fault” law years ago, to more quickly provide financial benefits to any victim of a car crash, regardless of who was responsible. It applies to all victims who are drivers and passengers in any involved vehicle. Section 5102(d) of the New York State Insurance Law governs only economic damage compensation to vehicle-related accident victims. Even though insurance can help you receive compensation faster, it also means that you might not be able to maximize your potential benefits without hiring an attorney. At Kaplan Lawyers PC, we can help evaluate your claim and use our decades of experience to advocate on your behalf. The true role of this law was to put the compensation process in the hands of the insurance companies, thereby making it more difficult for victims who may have had a right to individually sue.
This makes it critical for you to maximize your compensation rights by hiring a legal team that is well-versed in New York no-fault law to ensure that you receive full and fair compensation for the losses you’ve sustained.
Call (516) 399-2364 to learn how the experienced lawyers at Kaplan Lawyers PC can assist you with the claims process.
Why Choose Kaplan Lawyers PC
Leaders in New York Personal Injury Law
Kaplan Lawyers PC has been a leader in New York personal injury law for over 30 years. Our award-winning New York accident lawyers are proud of the settlement and verdict amounts we’ve recovered for our injured clients.
Our experience in the areas of insurance and personal injury law allows us to craft winning arguments for clients, while our skill as a team of aggressive negotiators and litigators helps ensure injured clients are well-defended in their time of need.
Struggling to understand your no-fault insurance after a crash? The lawyers at Kaplan Lawyers PC are here to help. Call us at (516) 399-2364 to schedule a free consultation with an experienced New York no-fault accident lawyer.
New York No-Fault Insurance Policy Limits
Victims are typically reimbursed by their insurance company for damages, regardless of who was responsible for causing the accident; this includes medical costs and property losses arising from the accident. When the legislature passed the no-fault law, it also required owners of all registered motor vehicles to have liability insurance with minimum coverage that over the years has grown to the following amounts:
- $25,000/$50,000 for bodily injury per person
- $50,000/$100,000 for death
- $10,000 for property damage per accident.
This is commonly referred to as 25/50/10, and additional coverage amounts are available. There are other aspects of state minimum coverage requirements, which you can view here. It’s important to remember that bodily injury (BI) suits are different from no-fault cases. They fall under the purview of “straight” personal injury law.
Injury Compensation Under No-Fault Accident Laws
Understanding What Your No-Fault Policy Covers
A bodily injury claim provides compensation for non-economic damages that include pain and suffering or, in the event of a wrongful death, the pain, suffering and emotional loss of surviving family members. The benefits you receive under New York no-fault can help provide for your medical bills, prescription costs, transportation to medical providers, reasonable household services, and lost wages if you are unable to work as a result of the injuries you have sustained. In order to qualify for New York no-fault coverage, it must be shown that …
- The accident occurred in New York.
- The car in question was insured in New York State, by an insurance company licensed in New York.
- The vehicle in question was not a motorcycle, scooter or bicycle.
It doesn’t matter whose fault the accident was under the no-fault plan — that’s for the insurance companies to settle between themselves. These benefits usually include payment of medical bills, prescription drugs, lost wages, housekeeping and/or transportation to and from medical providers resulting from the accident. But you must quickly apply for these benefits – within 30 days from the date of the accident.
Some of No-Fault’s “Interesting” Complications
In order to make a claim against the at-fault driver, or sue, you have to reach the “no-fault threshold.” And that means you must be seriously injured, based on the provisions of the no-fault injury law. The easy (but not always correct) way of determining the seriousness of your injuries is to look at the cost of treating them. If someone has the minimum coverage and it is exceeded, you may be able to file for a higher amount to reach full compensation. But if the driver who hit you has – for example – $100,000 to pay for your injuries, that is the threshold which must be reached to treat your injuries. This is an oversimplification of how the no-fault threshold works. There are also accident injuries that are only recoverable in a separate (or companion) bodily injury (BI) lawsuit. There are also different classifications of “serious” injury. The list is extensive and detailed, so it’s best that your attorney explain how the law applies to you.
Changes to New York’s Spousal Liability Coverage
As of August 2023, New York State made changes to supplemental spousal liability insurance. While previously, drivers had to opt in to have the option to sue a spouse for car accident damages, drivers must now opt out by submitting the supplemental spousal liability declination form.
Failing to opt out of the change can leave you paying more for your driver’s insurance – with no added benefit if you’re unmarried. If you are married, a New York accident lawyer can help you identify whether spousal liability coverage might be an additional source of car accident compensation.
Frequently Asked Questions
Navigating the insurance process can be confusing, especially if you’ve never been involved in a New York car accident. These are some of the most common questions clients ask our New York no-fault accident attorneys.
When should I consult an accident lawyer?
It’s a good idea to consult an accident attorney as soon as possible after a crash. Consulting a lawyer helps ensure you’re informed of your rights and receive the injury compensation you deserve.
What should I do if the no-fault policy limits don’t cover my injury costs?
If your injury expenses after a New York accident aren’t adequately covered by your no-fault auto insurance policy, you should consult a car accident lawyer right away to learn more about your compensation options.
Will no-fault insurance reimburse me for lost wages?
New York no-fault insurance can extend to cover some of your lost wages for a finite amount of time. A New York car accident lawyer can help you get the most out of your policy.
What should I do if my insurance claim was denied?
If your insurance claim was denied, a lawyer can work with you to understand the reasons for the denial and submit an appeal. To protect your finances, it’s essential to hire a New York no-fault accident lawyer to handle the appeal process for you.
How much does an accident lawyer cost?
Most car accident lawyers work on contingency. This is a fee arrangement where you only pay once your case is complete, and you shouldn’t have to pay unless your lawyer helps you recover compensation. This allows you to receive legal assistance without concern for paying legal fees up front.
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It’s hard to get specific answers without consulting a lawyer about your case. The New York no-fault accident lawyers at Kaplan Lawyers PC offer free consultations, so you have nothing to lose by coming in for a consultation and having your questions answered by an experienced lawyer.
Contact Us Today
Understanding New York State’s no-fault laws in their entirety can be tricky. If you’ve been involved in an accident, we can help protect your rights and make sure that you receive all the compensation to which you are entitled. If you have been injured in a vehicle-related accident and have any questions about how the laws of New York State apply to your situation, we encourage you to contact us at Kaplan Lawyers PC to get a free consultation from our Brooklyn car accident lawyers.
Call (516) 399-2364 to schedule a free consultation with a New York no-fault accident lawyer at Kaplan Lawyers PC.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]