Have you recently experienced a car accident? Perhaps you were driving home from work when another driver hit the side of your car. Or, maybe the weather conditions weren’t ideal, and you ended up sliding off the road. Now, you face high medical bills, time off work, and more, leaving you to figure out how to cover costs.
Anyone who’s experienced a car accident in New York will likely have to navigate the state’s no-fault insurance parameters to pursue compensation. Understanding the intricacies of this type of insurance can be daunting; at Elliot Ifraimoff & Associates, PC, we’re here to break down the details. Reach out to a car accident lawyer in Queens, NY, to learn more.
The Difference Between No-Fault and At-Fault States
In some states, you must prove that the other driver was at fault for the accident. In these “at-fault” states, the at-fault driver (or their insurance company) would pay for any expenses related to the accident.
No-fault states work a bit differently. In a no-fault state, you would file a claim with your insurance company rather than the at-fault drivers’ provider.
What Are the Benefits and Disadvantages of New York’s No-Fault Law?
Trying to prove negligence in a personal injury case is sometimes frustrating. You may have to undergo a lengthy negotiation process, collect extensive evidence, and go to court — and even then, your case may not be successful. This means you could have to wait for a long time to see any funds, provided you see them at all.
New York no-fault insurance helps circumvent this issue. Because of New York’s no-fault laws, you can file immediately with your insurance company. All drivers are required to carry Personal Injury Protection (PIP), which aims to help you cover expenses related to the accident. This way, you can worry less about covering potentially expensive bills.
New York no-fault auto insurance is also beneficial if you are the one responsible for the accident. According to state law, the other driver is unlikely to be able to sue you. In addition, you can still make an insurance claim and pursue compensation without worrying about proving you weren’t responsible for the accident.
NY no-fault car insurance isn’t without its downsides, however. You will essentially be paying for everything through your insurance provider. This can feel unfair if you aren’t responsible for the accident. In addition, you may worry that you won’t have enough to cover your expenses.
What Does New York No-Fault Auto Insurance Cover?
New York State no-fault insurance should help you cover any necessary expenses. These may include:
- Medical expenses. After a car accident, you may experience significant injuries, from broken bones to lacerations. Medical bills can quickly become costly, potentially putting you under financial stress. No-fault insurance coverage in NY aims to help you pay for those expenses.
- Lost wages. Sometimes, car accident injuries are serious enough to force you to take time off work. Less work means lower pay, which could put a burden on your finances. New York no-fault insurance can reduce the impact by paying for up to 80% of your lost wages, helping put your mind at ease.
- Burial expenses. Sometimes, accidents are so severe that the unthinkable happens. In your grief, you shouldn’t have to worry about how you will afford to bury a loved one. NY no-fault car insurance can help cover these expenses, taking the burden off your shoulders.
- Additional expenses. No-fault insurance coverage in NY can also provide a limited amount of money to help cover other necessary expenses, such as transportation.
When Can You Pursue Legal Action Against Another Driver in New York?
Under many circumstances, New York no-fault insurance laws make filing a lawsuit against another party difficult. However, there are exceptions. If you sustained incredibly serious injuries, you (or a loved one, in the case of death) may be able to sue. These injuries include:
- Broken bones or fractures
- Dismemberment or disfigurement
- The permanent loss (or loss of function) of an organ or bodily system
- Injuries that prevent you from living normally for at least 90 days
In addition, you may be able to pursue legal action if your insurance doesn’t cover your medical bills. You’ll likely want to speak to a car accident lawyer in Queens, NY, to learn more about whether or not to pursue legal action.
Do You Need Help Understanding New York’s No-Fault Insurance Laws? Contact a New York Car Accident Lawyer
Do you have additional questions about New York no-fault insurance? Would you like assistance determining fault in a car accident? If so, reach out to Elliot Ifraimoff & Associates, PC. We are skilled, reliable professionals ready to offer you guidance. To speak to a Queens car accident attorney, call (888) 275-3554 or (718) 205-1010; request a consultation today.
Frequently Asked Questions
At Elliot Ifraimoff & Associates, PC, we understand that our clients may have many questions about no-fault insurance in New York, car accident cases, and other concerns. We’ve taken the time to answer some common inquiries below. Please reach out if you have any additional questions; we will happily discuss your concerns, clarify your rights, and let you know what to expect from the legal process.
How Many Car Accidents Lead to Death or Injury in New York City?
According to Forbes Advisor, over 38% of accidents involve death or injuries; in 2022, 37,848 out of 100,508 accidents led to injuries or fatalities.
How Long Do You Have To File a Car Accident Claim, Provided You’re Able To Do So?
Nolo states that the statute of limitations for car accidents in New York is three years from the time of the event.
How Many Car Accidents Occur Nationwide?
According to Driver Knowledge, roughly 6 million car accidents occur every year. If you sustain injuries in one, reach out to an accident lawyer in Queens, NY, to see whether you have a case. They can explain New York no-fault insurance, the filing process, and more.