If you or a loved one is involved in a car wreck, you’ll likely have a lot of things on your mind. One of the biggest questions you may have is who pays for the damages. And if you’ve ever been in a car crash in New York State, you’ve probably heard the term “no-fault insurance.”
No matter who was at fault, you’ll generally be reimbursed for damages to your car or person. But where does this money come from, and what’s covered? In this article, we’ll answer these questions and more. In the meantime, if you or a loved one has been injured in an accident, it’s critical to the success of your claim that you have skilled legal counsel in your corner.
At Schwartzapfel Lawyers, we have more than (150) years of combined experience serving the great people of New York State, and we’re here to make sure that you get all the money and benefits you’re entitled to.
So, please, don’t wait to seek justice. Call us now at 516-342-2200 or schedule your free consultation online today.
How Does No-Fault Insurance In New York Work?
It’s important for every driver to understand how no-fault insurance works in their respective state. Instead of figuring out who caused the crash, each person involved files a claim with their own insurance company for medical bills, lost wages, and other expenses.
It’s meant to be a quick and easy solution, but like most things in life, it’s not always that straightforward. To demonstrate, we’ll take a closer look at New York insurance practices and how no-fault insurance works in the Empire State.
Personal Injury Protection
A fundamental part of no-fault insurance, Personal Injury Protection (PIP) is mandatory for all New York drivers. PIP is there to cover your medical costs, some of your lost wages if you can’t work, and other expenses resulting from the accident. It’s meant to act like a safety net that helps drivers get back on their feet.
That said, PIP coverage has its limits. It typically covers necessary medical and rehabilitation expenses, a portion of your lost earnings (up to a certain amount per month), and death benefits if the accident tragically results in a fatality.
Just remember, PIP usually doesn’t cover property damage to your car or pain and suffering. Moreover, there are policy limits that can be quickly exhausted if the accident is especially severe.
You Need To Act Fast
Filing a no-fault claim in New York requires swift action. In point of fact, you’ll likely need to tell your insurance company about the accident within (30) days of the accident before submitting a claim form (called an NF-2) with details about the accident and your injuries.
Critically, you’ll need to submit this form on time, as delays can seriously hurt your chances of getting the benefits you deserve. For instance, if you miss the deadline, you might have to start the process all over again or even risk losing your eligibility altogether.
No-fault insurance might appear to be straightforward, but getting through the claims process can be tricky. That’s why it’s so important to have a seasoned attorney in your corner fighting for your rights. Schwartzapfel Lawyers are just the legal professionals you need. Call us now at 516-342-2200 or schedule your free consultation online today.
Medical Expenses & No-Fault Insurance
After a car accident, the last thing you want to worry about is how you’ll pay for your medical bills. Thankfully, New York’s no-fault insurance, through PIP, helps cover many of these costs. These can include but aren’t limited to:
- Doctor visits
- Hospital stays
- Surgeries
- Medications
- Physical therapy
It’s nice to know you have some cushion for these things, especially in the wake of an injury. However, PIP coverage isn’t unlimited. There’s a standard limit of $50,000 per person. And while that may sound like a large sum of money, it can dissipate fast in the face of mounting medical bills and other accident-related expenses.
Medical costs add up in no time at all, and that’s even more so the case when you require ongoing care. So, what happens if your medical bills go over that $50,000 dollar limit? Depending on the circumstances of your claim, you may have a couple of options.
First, you can turn to your regular health insurance to help cover the remaining costs. Another option is to sue the at-fault party if your injuries are severe enough under New York law. That’s where a qualified attorney can really make a difference in getting you all the money you need to be made whole.
Lost Wages Compensation In No-Fault Claims
Nobody knows when a car accident might occur, so no one can predict when they’ll need to cover the costs of missed work. That’s why PIP coverage also includes a provision for lost wages.
After all, how are you supposed to pay your bills if you can’t work due to injuries from the accident? Typically, PIP will reimburse you for 80% of your lost earnings, but there’s a catch — it’s capped at (2,000) dollars per month.
While this can help in the short term, it may not be enough if you earn a high income or if your injuries keep you out of work for a long time. In these cases, you might have to rely on disability benefits or, if eligible, sue the at-fault driver for the full amount you’ve lost.
If you’re worried about your lost wages after an accident, please don’t hesitate to reach out to the experienced New York car accident attorneys at Schwartzapfel Lawyers. In one phone call, we can review your case and help you better understand your options for recovering the financial compensation and benefits you deserve. Call us now at 516-342-2200 to start recovering today.
Property Damage & Liability In No-Fault States
Here’s where things get a bit tricky. While no-fault insurance in New York covers your medical bills and some lost wages, it doesn’t cover the damage to your car. That’s where the at-fault driver’s property damage liability insurance comes into play. This is the part of their insurance that pays for the repairs or replacement of your vehicle.
If you have collision insurance, it can help cover the costs of repairing your car, regardless of who caused the accident. And if you don’t have collision insurance, or if the cost of repairs exceeds your coverage, you’ll likely need to file a claim with the other driver’s insurance company. Note: In cases like this, you’ll typically need to show proof of the damage using photos or repair estimates, which the insurance company will apply when assessing the overall value of your claim.
Are There Exceptions To No-Fault Insurance Coverage?
Remember how we said no-fault insurance isn’t always straightforward? That’s because there are exceptions to the rule. For example, if you’re driving a company car, the claim is usually handled by the vehicle’s commercial insurance, not your personal PIP.
Accidents involving uninsured or underinsured drivers are another exception. In these cases, your uninsured/underinsured motorist (UM/UIM) coverage kicks in to help cover your expenses.
Note: These exceptions can add another layer of complication to the claims process. You might need to work with your employer if it’s a company car or deal with the intricacies of UM/UIM claims.
It’s in these situations where having an experienced lawyer can be incredibly helpful. The seasoned team at Schwartzapfel Lawyers can guide you through the requirements to ensure you get the best outcome.
When Should You Step Outside The No-Fault System?
While no-fault insurance aims to make things easier, there are times when it might be in your best interest to step outside the system and take legal action. This is usually the case when your injuries are exceptionally severe or permanent, thereby exceeding the state’s definition of a “serious injury.”
New York State law allows you to sue the at-fault driver if your injuries meet certain criteria, such as dismemberment, significant disfigurement, a fracture, or a permanent loss of bodily function. Here, suing can potentially get you financial compensation for pain and suffering, something that PIP may not cover.
That said, successfully dealing with these legal requirements can be complicated. That’s why it’s so important to hire a personal injury lawyer with a proven track record of getting winning results to help you handle these details and achieve the best possible outcome.
How Can Skilled Lawyers Help With No-Fault Claims?
Having the right lawyer on your side can make a world of difference in a no-fault claim. Finding all the possible sources of compensation isn’t something the average person can do, but a skilled lawyer can. They’ll make sure all your paperwork is in order, and they’ll negotiate with insurance companies for you.
The process of working with a qualified lawyer usually starts with a case evaluation. It’s here that your skilled lawyer reviews accident details and the kind of insurance you carry. This information helps them determine the best course of action. Your skilled attorney can file all the necessary paperwork and even represent you in court if needed.
Over the years, we’ve seen the difference that legal representation can have for accident victims firsthand. People who initially received lowball offers from insurance companies have been able to secure settlements that truly reflect the impact of their injuries, thanks to the skilled attorney fighting for their rights.
If you or a loved one has been injured in a car accident, the clock is ticking, and your window to file a claim and recover all the money you deserve may soon close forever. To keep that from happening, you must act now.
So, please, don’t wait until it’s too late. Instead, call the experienced New York car accident attorneys of Schwartzapfel Lawyers at 516-342-2200 or schedule with us online today. Remember, you have a limited time to collect all the money and benefits you’re entitled to — don’t delay!
We’re Ready To Fight For You!
No-fault insurance in New York State is designed to help, but it comes with its own set of rules and potential pitfalls. And so, if you’re feeling overwhelmed or unsure of next steps, the seasoned New York accident attorneys at Schwartzapfel Lawyers are here to help.
Don’t leave your financial future to chance, not when you don’t have to. Call us now at 516-342-2200 and allow Schwartzapfel Lawyers the honor and privilege of putting your mind at ease while getting you the full financial compensation you deserve.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
States with no-fault car insurance: Do you live in one? | NJ.com
NY Motor Vehicle No-Fault Insurance Law Cover Letter | NY.gov
Minimum Auto Insurance Requirements | Department of Financial Services
Uninsured Motorist Coverage (UM): How It Works, Requirements | Investopedia
