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New York Personal Injury Attorneys

When And Where Should I File My No-Fault Claim?

March 14, 2020 in

New York’s required no-fault insurance benefits protect those who have been injured in a car accident by covering medical bills and lost wages, regardless of who caused the accident. Unlike liability insurance, you are covered by a no-fault insurance policy even if you were solely responsible for the accident. 

When you register your vehicle in New York, you must show proof of insurance for your car that complies with New York’s policy requirements. Automobile owners are required to have a no-fault policy with a minimum of $50,000 in coverage for anyone injured in an accident. 

Information For A No-Fault Insurance Claim

To file a no-fault claim, you must provide notice of the accident and injuries. The notice must include details that identify the person who was injured in the accident and accident information such as the time, location, and accident circumstances. This notice and accompanying details are to be provided to the appropriate insurance company no later than 30 days following the accident. If your claim is submitted after the 30-day deadline, you must also provide justification as to why your notice was late.  

Whose Insurance Company Covers Your Claim?

If you were driving at the time of the accident, you would make a no-fault claim with your own insurance company. If you were a passenger in a vehicle driven by someone else, you would make a no-fault claim with the vehicle’s insurance company. Pedestrians and bicyclists make claims with the automobile’s insurance company as well.  

If a vehicle is uninsured, passengers, bicyclists, and pedestrians may make a no-fault claim with their own insurance company. If those injured parties do not have insurance policies, a household family member’s insurance company may provide them with no-fault coverage. And if no applicable coverage exists, injured parties should file a claim with the Motor Vehicle Accident Indemnification Corporation.

Where And When To File

As mentioned above, claim notices should be filed within 30 days of the accident. You can find a downloadable no-fault claim application on the State Department of Financial Services’ website. Once you complete the application, send it to the insurance company responsible for your no-fault claim. It is important to make sure that you send your claim to the appropriate insurance company because if you file it with the wrong company, your claim will be denied.

No-Fault Insurance Compensation

A no-fault insurance policy will at least cover up to $50,000 of your accident and injury-related economic losses, such as lost wages and medical expenses. It should cover most of your out of pocket expenses, such as prescriptions and up to $25 per day for expenses such as help with household services or transportation. An important note is that no-fault insurance policies do not provide coverage for pain and suffering. 

Additional Compensation

In some cases, additional coverage may be available for your injuries and damages. Depending on your insurance circumstances, you may be eligible for compensation under an additional benefits policy, or if your injuries are serious, you may have a bodily injury claim against the person who caused your accident. 

Knowing which insurance company is responsible for your claim can be confusing, especially if you are eligible to make more than one type of claim. Understanding your policy options is important because it can directly impact the type of compensation you are entitled to collect.

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