New York Personal Injury Attorneys
New York Car Insurance Requirements
New York has strict car insurance requirements, and if you do not have appropriate insurance coverage, you will not be permitted to register your car with the state. New York is a no-fault car accident state (described in more detail below), and as a result, insurance coverage requirements are complicated. Keep reading for an explanation of New York’s minimum insurance requirements, an overview of New York’s car accident law, and how the law impacts insurance compensation coverage and liability.
Required Automobile Insurance Coverage In New York
New York law requires that you have New York State issued liability insurance before you are permitted to register your vehicle in the state. Minimum insurance requirements are as follows:
- $10,000 for property damage
- $25,000 for bodily injury and $50,000 for fatal injuries for one person in an accident
- $50,000 for bodily injury and $100,000 for fatal injuries for two or more people in an accident
- $50,000 for no-fault insurance
- $25,000 per person/$50,000 per accident for uninsured or underinsured motorist liability
An Overview Of New York’s No-Fault Law
Because New York is a no-fault state, when you are the driver, your own insurance will typically cover your economic loss in an accident, regardless of who is at fault. This no-fault law is intended to cut down on litigation and the need to prove fault/liability. The driver, any passengers, and pedestrians or bicyclists struck by the vehicle should all be covered by the vehicle’s no-fault insurance policy.
While it may cut down on litigation, it doesn’t change the insurance company’s goal of paying out as little as possible for car accident claims. Whether it’s your insurance company or someone else’s insurance company that is responsible for compensating you, you may still have a fight on your hands if you want to secure a full and fair recovery.
No-fault insurance coverage will compensate you for economic loss up to the policy limits, but this coverage does not provide compensation for non-economic damages such as pain and suffering. Bodily injury claims for non-economic damages against an at-fault driver are only available to those injury victims who meet the threshold injury requirements.
Threshold Injury Requirements
If you are seriously injured, and another driver was responsible for the accident, you may have a bodily injury claim against the other driver for your injuries and damages, which might include pain and suffering. Injuries meet the ‘serious’ threshold requirement under the following circumstances:
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use of body organ, member, function, or system
- Permanent consequential limitation of body organ or member
- Significant loss of use of body function or system
- Medically determined injury or impairment that prevents you from working or engaging in regular daily activities for 90 days or more within the first 180 days following the accident
Collecting Car Accident Compensation
New York car accident laws and insurance coverage requirements are complex. There are also strict claim filing deadlines, and if you do not comply, you may not be eligible to collect the compensation that you deserve. If you have a bodily injury claim, that can complicate matters as well. An experienced New York car accident attorney can help to simplify the claims process, and in most cases, help you secure a larger settlement than you would otherwise collect on your own.