What Happens In a No-Fault Car Accident?

New York has a no-fault car accident law to improve the speed of the compensation claim process so victims could receive their benefits quicker. The law accomplished this by not focusing on who was to blame for the crash because traditional claims resulted in months or years of fighting to reach a settlement agreement. The New York State Insurance Law governs the compensation to auto accident victims and the economic damages they should receive.

While this no-fault approach in state regulations does help you get compensated faster, it doesn’t maximize your possible benefits in the same way an attorney can. It’s of critical importance to speak with a seasoned NYC car accident lawyer who is familiar with the No-Fault Law to protect your best interests and ensure you receive full compensation for your losses. Contact The Barnes Firm today at (800) 800-0000.

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How New York’s No-Fault Laws Work

Unfortunately, while the state had good intentions when passing this law, the compensation process was put into the hands of the car insurance companies which has made it even more difficult for victims to sue. Reimbursement now comes through a victim’s own insurance policy, even though they may not have had any fault in the collision. Cost from medical bills and damaged property qualify for coverage under this law, and all vehicle owners must also have liability coverage with the following minimums:

  • $25,000/$50,000 per person for bodily injury claims
  • $50,000/$100,000 for accident deaths
  • $10,000 per accident for damaged property

Individuals who received physical injuries from an auto crash will file a bodily injury claim which does not fall under the no-fault process. Claims for non-economic damages could include factors such as:

  • Pain and Suffering
  • Wrongful Death
  • Emotional Trauma

Benefits Under New York’s No-Fault Law

New York’s No-Fault Law provides for economic-based loss and damages. Typically, if one has any of the following costs after experiencing a car accident, they should use their car insurance policy for reimbursement:

  • Medical bills
  • Prescriptions
  • Transportation costs to medical appointments
  • Lost wages
  • Household assistance

Again, who is at fault has no bearing on economic damages since the insurance companies must settle these costs amongst themselves, but you do have a limited 30 day window to apply for this compensation. You must also meet the following criteria to qualify:

  • The accident took place in the state of New York
  • The insurance company is licensed in New York
  • The car is insured in New York
  • The vehicle cannot be a motorcycle, bicycle or motorized scooter
two toy cars demonstrating a car accident
two toy cars demonstrating a car accident

Again, who is at fault has no bearing on economic damages since the insurance companies must settle these costs amongst themselves, but you do have a limited 30 day window to apply for this compensation. You must also meet the following criteria to qualify:

  • The accident took place in the state of New York
  • The insurance company is licensed in New York
  • The car is insured in New York
  • The vehicle cannot be a motorcycle, bicycle or motorized scooter

Situations That Can Complicate New York No-Fault Laws

When you speak to an accident attorney about your claim against the driver who is at fault, you’ll learn it’s possible to sue. New York’s no-fault law does have a threshold that you might meet which would allow you to file further suit. Usually, this requires injuries so serious that treatment costs exceed one of the liability limits of the other driver’s insurance policy.

For example, if you were injured in an accident and have $25,000 in medical costs, but the driver has a $100,000 medical liability policy, you would not have to sue because their policy has enough coverage. If you had $100,000 in medical costs, but the other driver only has $25,000 of qualifying coverage, your attorney could file suit to recover the remaining associated expenses.

Keep in mind this is an oversimplified explanation of New York’s No-Fault Law. The state outlines more detailed explanations of what classifies as serious harm, and some auto crash injuries have to be pursued in a different bodily injury suit altogether. To best understand how No-Fault Laws affect your case, contact a seasoned personal injury attorney with demonstrated car accident claim experience to explain it better.

Knowledgeable No-Fault Attorneys in New York

For those injured in a NYC car accident, life may feel upside down and out of control when trying to navigate the bodily injury claim process. You may feel that the insurance company isn’t listening to your needs and realize that the laws put in place to protect your rights have hampered your ability to get fair compensation. Consulting with the knowledgeable legal team at The Barnes Firm will help put your mind at ease and remove the burden of fighting with insurance policies that try to minimize your losses.

Our decades of car accident experience involving bodily injury suits will benefit your claim and help you to focus on healing while we take the burden of negotiation off your shoulders. We focus on helping you move past this trauma in your life while ensuring you receive the compensation you deserve to help you recover. Our membership with the Million Dollar Advocates Forum establishes our ability to successfully bring claims to trial, and we do not take any money until we win your case. Learn more about how our seasoned car accident legal team can help you by contacting us today.

The Barnes Firm (800) 800-0000