If you have been involved in a car accident and are wondering if New York is a no-fault state, the answer is yes. New York is one of twelve states with no-fault insurance laws. Compensation for your injuries and property damage will primarily come from your insurance policy, but there can be instances when you may be able to sue to get the compensation you deserve.
Dealing with insurance companies and receiving enough compensation can sometimes be challenging.
A Long Island car accident lawyer can help you navigate both the insurance process and seek additional compensation if there is a gap between your expenses and what your insurance will cover.
With knowledgeable legal counsel available to you, you do not have to deal with New York no fault laws on your own.
No-Fault Insurance vs At-Fault Insurance
Every state takes a different approach to fault laws. Generally, in an at-fault insurance system, the person found negligent for the accident assumes the responsibility for damages and injuries.
At-Fault Insurance
The majority of states have variations on at-fault insurance laws. At-fault laws assign a percentage of fault to each party involved in an accident. The percentage of fault can reduce the party’s ability to recover damages. In some states, even the slightest fault can bar a driver from recovering compensation.
No-Fault Insurance
In a no-fault insurance state, drivers are required to maintain additional coverage known as Personal Injury Protection (PIP). This policy covers injuries and losses regardless of fault.
In the event that losses are so great that they exceed the insurance coverage, the injured party may have the right to file a personal injury claim against the other responsible driver for damages. It is important to remember that a no-fault insurance claim can be denied.
Insurance Requirements in New York
Because New York is a no-fault state, residents are required to carry additional insurance coverage. Purchasing this additional coverage allows you to access greater compensation from your own insurance company in the event of an accident.
To satisfy the minimum auto insurance requirements, every driver is required to have the following types of coverage:
- Personal injury protection coverage: Compensates you for the cost of medical bills, lost income, and other relevant expenses. Insurance companies will pay up to $50,000 per person for all occupants of your vehicle, and legal claims may only be made if compensation beyond this amount is needed.
- Liability coverage: Protection against property damage your car may cause, and includes coverage for other vehicles that you have permission to drive but do not own. Minimum coverage limits are typically $25,000/$50,000/$10,000 and cover bodily injury to one or more persons and damage to property.
- Uninsured motorists coverage: Protection when you or occupants of your vehicle sustain injuries in an accident with an uninsured motorist or a hit-and-run. Coverages are at least the same as your liability policy.
These mandatory coverages are essential for any driver to be on the road and must be maintained at all times. The DMV tracks all insurance coverages and the status of drivers, and it may send out letters to individuals inquiring about their policies as needed.
If a driver does not keep uninterrupted insurance coverage, they may be subjected to a suspended registration, driver’s license, or fines.
How a Car Accident Lawyer Can Get Results for You
A car accident lawyer can help you understand the various New York no-fault law requirements and what to do after a New York car accident.
While you cannot make a personal injury claim for compensation if your insurance provides enough coverage for your losses, a lawyer can help negotiate a fair settlement for you from your insurance company. With their extensive knowledge of the state’s no-fault laws and insurance companies, they can be powerful advocates to have on your side.
In the event that your insurance company offers an unfair settlement, denies your claim, or drags out the execution of payment, an attorney can step in. They can also help you file a claim against the other driver in the event that you still need additional compensation after exhausting your insurance benefits.
Your lawyer will investigate the details of the accident and help you file a claim to seek damages from the other party to cover the rest of your expenses.
No-fault laws and the legal process can be confusing and can result in many questions. When working with a lawyer, they will take the time and answer all your questions and keep you informed at every juncture of the process. They will also ensure all paperwork is filed properly and on time, nothing is said or done to hurt your claim, and that your rights are protected from beginning to end.
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Work with a New York Car Accident Lawyer Today
When you need additional compensation to recover your losses, a car accident lawyer can be your advocate during a difficult time. The team at Levine And Wiss has extensive experience representing a variety of vehicle accidents and can improve the outcome of your case.
Contact our lawyers today for a free consultation and learn more about your options and how we can get you the resources you need.
