What Is No-Fault Coverage And What Am I Entitled To Under It?
March 13, 2020 in Blog
New York is a no-fault car accident state, which means that people injured in a car accident should be covered by insurance for injuries and lost wages up to the applicable policy limits. It is referred to as no-fault because it does not matter who is at fault for the accident when it comes to covering injuries and damages.
No-fault insurance laws are intended to make sure that people injured in accidents get the medical treatment that they need as soon as possible. No-fault policies generally cover injury victims without having to worry about proving that someone was or was not responsible for the accident. While the intent is good, no-fault laws can be complicated and recovering compensation from insurance companies can be challenging.
Whose No-Fault Policy Covers You If You Are Not The Driver?
When registering a vehicle in New York, you must prove that you have a $50,000 minimum no-fault insurance policy. A driver is covered by his or her own no-fault policy for accident injuries. Passengers, pedestrians, and bicyclists are covered by the driver’s no-fault policy as well. If you are a passenger, bicyclist, or pedestrian involved in an accident and the driver does not have insurance, your own policy or a family member’s policy may cover your injuries.
No-Fault Claim Compensation
No-fault policies are less comprehensive than liability coverage. Under a liability claim, you may recover compensation for lost wages, medical expenses, and noneconomic damages, such as pain and suffering.
You may not recover noneconomic damages under a no-fault claim. You may, however, recover compensation for your medical expenses, lost wages, and other incidental expenses related to your injuries. For example, you may recover up to $25 per day for injury-related expenses, such as household help and transportation, if necessary.
Serious Injuries And Liability Claims
If your injuries qualify as “serious” under New York law, you may have a bodily injury claim against the at-fault driver. Injuries that qualify as serious include the following:
- Fracture
- Death
- Dismemberment
- Disfigurement
- Injuries that result in loss or impairment of use or function
- Loss of fetus
- Injuries that leave you unable to participate in regular day to day activities for at least 90 out of the 180 days following the accident
Bodily injury claims are generally worth more than no-fault claims because, as previously mentioned, you may recover additional compensation for noneconomic damages, which includes your pain and suffering.
Car Accident Attorney
Regardless of the type of claim you have, if you have been injured in a car accident, it is a good idea to secure legal representation from an experienced NYC car accident lawyer. Insurance companies can be difficult to deal with and their settlement offers are often unfair because they want to pay as little as possible for your claim. Insurance adjusters frequently find excuses to deny coverage. For example, they may refuse to pay for all of your medical bills and claim that you received unnecessary medical treatment, or that your injuries were not severe enough to keep you from working.
Experienced attorneys are knowledgeable about New York car accident laws and they understand how insurance companies operate. When you are represented by an attorney, you will be much more likely to reach an insurance settlement that fully and fairly compensates you for your losses.