- Jordan Stern
No-Fault Insurance – A New York State Requirement
Did you know if you are in a motor vehicle accident in New York in most cases you are entitled to have your medical bills paid for, regardless of who caused the accident? The coverage would fall under a No-Fault claim and every driver must carry this insurance to obtain a registration and license plate for their vehicle.
No-Fault, also known as Personal Injury Protection (PIP), is structured to pay quickly for certain expenses related to your accident, regardless of who is at fault or whether there was negligence involved in the accident. No-Fault covers expenses such as medical and health expenses and lost wages.
Basic No-Fault coverage will pay up to $50,000 per person to the driver and any passenger who was in the car at the time of the accident, as well as any pedestrians injured in the accident. It does not, however, cover repairs to any car or property damaged in the accident. If the economic losses from the accident exceed the No-Fault cap a lawsuit can be filed to recover the remaining expenses. Lawsuits only can be filed for non-economic damages, such as pain and suffering, if a severe injury meets the requirements stated in the Insurance Law.
No-Fault insurance is not always automatic. Insurance companies can deny payment of this coverage for several reasons including:
Driving under the influence of drugs or alcohol
A driver or passenger intentionally causing their own injuries
Driving or riding as a passenger on a motorcycle or ATV (these vehicles are not covered under No-Fault)
Getting injured while committing a felony
Getting injured while in a stolen vehicle
Being the owner of an uninsured vehicle
Knowing what you are entitled to and when you have a case for additional compensation can be confusing, that is why it is best to always consult an attorney immediately following an accident. We will deal with the insurance companies while you recover.
We are always here to answer your questions.
Stay safe on the roads.