The No-Fault Law in New York is a significant piece of law that affects those involved in car accidents throughout the state. Understanding how this law operates is crucial because it has an impact on how you manage insurance claims and medical bills after an accident. We will examine the New York No-Fault Law in depth, outlining its main elements and ramifications.

What is New York’s No-Fault Law?

The “Comprehensive Motor Vehicle Insurance Reparations Act” (Article 51 of the New York Insurance Law), sometimes known as New York’s no-fault law, is intended to speed up the process of compensating those hurt in auto accidents, regardless of who was at blame. According to this rule, your own insurance carrier is liable for paying for a number of expenditures, primarily medical bills and missed wages, if you are involved in a car accident in New York.

Learn more about New York’s No-Fault Law

Key Components of the No-Fault Law:

1. No-Fault Benefits

No-Fault benefits are designed to provide quick compensation for accident-related expenses. These benefits can include:

Medical Expenses: Coverage for necessary medical and rehabilitation costs related to the accident up to a minimum of fifty thousand. But beware, that most if not all insurance companies will cut this benefit off as quickly as possible after an accident. So, contact a personal injury lawyer to protect yourself.

Lost Wages: A portion of your wages you did not get due to injuries sustained in the accident. There is a trickly formula on how they calculate this. The gist is 80% of your wages up to $2,000.00 (Two thousand dollars).

Essential Services: Reimbursement for expenses incurred when you are unable to perform daily tasks or require assistance. Here you can think of milage to and from the doctor or if you hired some household help. Usually this is up to $25 a day.

2. Threshold for Serious Injury

To be eligible for compensation under the No-Fault Law, you must meet the “serious injury” threshold. This threshold includes injuries such as significant disfigurement, broken bones, loss of a fetus or permanent loss of bodily function amongst other categories.

3. 30-Day Deadline

You have 30 days from the date of the accident to file an application for a no fault benefits.

4. Exemptions

There are certain situations where the No-Fault Law does not apply, such as when using a motorcycle.

Understanding No-Fault vs. Liability Claims

It’s important to distinguish between No-Fault claims and liability claims. No-Fault claims are made to your own insurance company for immediate compensation, while liability claims are filed against the at-fault party for additional damages such as pain and suffering. However, a personal injury lawyer can help you with both.

Conclusion:

New York’s No-Fault Law is widely misunderstood. Simply it means, no matter whose fault the accident is your own insurance has to pay the medical bills. Some people think they can use their own health insurance, however this is not the case. If you use your own health insurance for a car accident, you will personally be held liable for the bills and likely miss this no-fault deadline of 30 days. Do not forget that health providers ask you ‘why you are here today’ they then click a button for car accident and your health insurance will deny the bills, maybe 60-90 days thereafter.

Understanding how it works, its benefits, and its limitations is crucial for anyone involved in a car accident in New York.

After a car accident, if you find yourself navigating New York No-Fault Law’s, it’s advisable to speak with a knowledgeable personal injury lawyer. This will cost you nothing as many lawyers, such as us offer a free consultation and only get paid if you get paid.