What is NY No Fault Law, & How Does it Work? 

Have some confusion about how No-Fault insurance works here in New York? Totally understandable, especially if you’ve moved here from another state, or you haven’t had to file a No-Fault claim before. The idea of fault not being assigned in an accident case can be a little weird to wrap your head around. Especially when it doesn’t necessarily apply in every accident case.

What is Covered in No-Fault Insurance Claims?

No-fault coverage includes all of the typical reasons for compensation that one might expect in an accident case, such as lost wages, medications, medical procedures, and mileage reimbursement to and from treatment appointments.

Generally speaking, you will not be filing a no-fault claim against the other driver’s insurance company. One of the proposed benefits of a No-Fault system is that your insurance is protecting you against others, as opposed to from others. But unless you purchase additional coverage, New York’s total benefits for No Fault accidents are capped at a relatively low $50,0000. And particular areas of remuneration have their own caps as well. Another bit of “fine print” in NY No Fault is that motorcycles and powersports vehicles are not eligible for coverage.

How Do Serious Injuries Affect a No-Fault Claim?

But even in a No-Fault state, not every accident falls under the No-Fault statute, and this is where things can get (even more) confusing. In the case of what are deemed “serious accidents”, or accidents where there is serious bodily harm or damages that go beyond what is covered in a No-Fault claim, an injured party can attempt to legally pursue fault in an accident. If this has you thinking “this is something I would need to call an attorney for”, well, you’re generally correct.

Does Pain and Suffering Count as Part of No Fault Damages?

The short answer is no. If your case has significant grounds for additional damages due to pain and suffering, those damages would not be paid out as part of a No-Fault action. Your lawyer would be the one to help you pursue those damages as part of a separate legal proceeding.

The fact is, while No-Fault rules attempt to simplify and protect, there are situations that such a system cannot properly provide for. In the event of an accident with injuries, it is always going to be a good idea to consult a personal injury attorney that specializes in No-Fault and Bodily injury claims.

What Needs to Be Documented or Submitted in No Fault Actions, and When?

Keep track of any and all of your expenses after an accident. The vast majority of them will attach to a No-Fault claim, and you should also be weighing whether or not a significant amount of them either outstrip No-Fault limits, or the scope of what No-Fault covers. Any and all submissions for No-Fault claims have to be submitted within 30 days of the accident in question. Many people do not realize this requirement exists, and actually miss the window for coverage. Or, in other cases, an injury may not properly manifest within 30 days, or may become chronic. These are all reasons why the involvement of an attorney may well be in your best interests. If you’ve been involved in an accident and need a local No-Fault lawyer, we are here for you.