By: Passalacqua & Associates

New York State No Fault Insurance Law- What You Need To Know

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New York is a “No-Fault” insurance state, which means that insureds are generally reimbursed by their insurance company for damages regardless of who was responsible for causing the accident. Insureds can be reimbursed for medical costs, lost wages and other losses that might surface after the accident.

The State of New York has done this to ensure that no one gets left out in the cold if they are in an accident with someone who does not have adequate, or any insurance at all.  No-Fault insurance coverage, in most cases, will reimburse you up to $50,000 for accident related medical treatment, up to 80% of your lost wages (with a $2,000 a month maximum) and any accident related services that you need such as home help.

The State of New York also requires registered motor vehicles to have liability insurance with certain minimum coverage amounts:

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

What are the No Fault Benefits you are entitled to?

These are benefits paid by the insurance company of the car you were driving, were a passenger in or were struck by as a pedestrian, regardless of fault as to the cause of the accident. This means that the accident could have been your fault, someone else’s fault or no one’s fault at all.  These benefits include payment of medical bills, prescription drugs, lost wages, housekeeping and/or transportation to and from medical providers, all as the result of the accident.

In order to claim these benefits, there are rules that are dictated by your insurance policy as to when you place them on notice of the accident and that you fill out an application to apply for the benefits. There is a very short time, only 30 days from the date of the accident, in order to file an application for these benefits.  However, this time limit can be extended under extenuating circumstances.  In order to make sure that you abide by all of the insurance companies requirements, you should contact an experienced personal injury attorney after your accident to ensure that all of your rights are protected. 

Here at Passalacqua and Associates, we realize each of our clients are different and have different needs, but each client receives the attention they deserve when their rights are being protected.  We will investigate your case and come up with a strategy that will put you in the best position to get your life back in order after a debilitating injury.  Our attorneys and staff have the experience that is needed to find the people responsible for your accident and hold them accountable.  To discuss your case in more detail, please call us at 315-500-(6425) or contact us through our online chat at