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Can You Obtain Compensation Under New York’s No-Fault System?


If you’re in a car accident, it can be a difficult situation to navigate, as you’re likely facing medical expenses, lost wages, and property damage, among other losses and difficulties. Obtaining compensation to help with the situation may be possible. In New York, the no-fault insurance system allows car accident victims to obtain certain types of compensation without needing to establish who was at fault in a car accident.

Understanding your rights and what you can claim is essential following an automobile crash in the state.

More About New York’s No-Fault System

New York’s no-fault coverage extends to a broad range of car accident victims, including drivers, passengers, pedestrians, and cyclists involved in car accidents within the state. If you’re hurt, you’re typically covered, regardless of your role in the accident.

Covered Expenses

A range of costs is included under these no-fault policies, such as all medically necessary treatment and services, including therapeutic measures and prescription drugs. The system also assists in covering a percentage of basic economic losses, like a portion of your lost wages and incidental travel expenses related to medical treatment.

Limits and Exceptions

No-fault coverage does not take care of everything. Property damage is excluded, which means any damage to your vehicle, for example, isn’t compensated, but may be claimed through your collision coverage if you have it. Additionally, while this insurance waives the need to prove fault regarding personal injury claims, it doesn’t cover claims for non-economic damages like pain and suffering.

Filing a No-Fault Insurance Claim in New York

Navigating New York’s no-fault insurance process after an accident means knowing the rules and being aware of what steps to take after an accident to make sure you get the compensation you’re entitled to.

Immediate Steps After an Accident

The aftermath of a car accident can be disorienting, but there are a few actions you must take immediately. Make sure you document the details of the accident, take down the names of witnesses, and seek medical attention right away. These steps will strengthen your eventual claim but also protect your health and legal standing.

Notification Requirements

Most importantly, you must notify your insurance company about the accident and your injuries within 30 days. This is a statutory requirement and not a suggestion.

Regulation 68 requires that “in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation.

Failure to adhere to this timeline can lead to your claim being outright denied.

Documentation Needed

Compiling the right documentation can make or break your claim’s success. You’ll need to gather and present evidence such as the accident report filed by the police, medical records detailing your treatment, any correspondence related to no-fault benefits, and proof of your lost wages if you’re claiming for economic losses.

Submitting Your Claim

Filing your no-fault claim involves submitting the necessary forms to your insurer. To ensure the process goes smoothly, it’s always a good idea to speak with a lawyer before moving forward.

You May be Able to File a Personal Injury Lawsuit

If your injuries are “serious” under New York law, they may entitle you to claim damages beyond what the no-fault system covers by filing a personal injury lawsuit against the responsible party. An experienced personal injury lawyer can help you make this determination and ensure that you’re not leaving any compensation on the table.

If you need help with an insurance claim or a personal injury lawsuit with the help of a White Plains car accident lawyer, contact us today to schedule a free consultation.