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No-Fault Auto Insurance Laws and Regulations in New York



May 4th, 2016

New York is one of a dozen states that follow a “no-fault” system. In New York, a driver who has been injured in an accident must turn to his or her own insurance company for the payment of medical expenses, regardless of who was at fault for the accident. However, in order to file a claim against the at-fault driver, the claimant must be seriously injured with a significant disfigurement, bone fracture, permanent limitation of use of body organ or member, significant limitation of use of body function or system, or substantially full disability for 90 days. Additionally, the no-fault rules only apply to personal injury.

Minimum Car Insurance Requirements in New York

New York requires motor vehicle users to maintain certain amounts of liability insurance on their vehicle:

  • $25,000 per person personal injury protection (PIP)
  • $50,000 per person for wrongful death protection
  • $50,000 total per accident personal injury protection
  • $100,000 total per accident wrongful death protection
  • $10,000 per occurrence property damage protection

Uninsured/Underinsured Motorist Coverage

New York Law requires that all automobile policies include uninsured motorist coverage (25,000 per person/$50,000 per incident). Under insured motorist or supplemental coverage is optional and may or may not be offered by a carrier.

Who Gets No-Fault?

  • No-Fault Law applies to any cyclist, pedestrian, passengers, or driver injured by a motor vehicle in New York.
  • Accident should have occurred in New York.
  • The injured person should be the driver or passenger of the insured vehicle or a cyclist or pedestrian struck by or in contact with the motor vehicle.
  • The vehicle must be a car, truck, bus, taxi (not a motorcycle) or other vehicle covered by New York No-Fault law.
  • The vehicle should be registered in New York.
  • The vehicle should have an insurance policy sold in New York or issued by a company licensed to do business in the state of New York.

Who doesn’t get No-Fault?

  • Motorcyclists
  • Vespa or Scooter Riders
  • Injured as a result of DWI/DUI
  • Out–of-state policies, etc…

Statue of Limitation

No-fault auto insurance application should be filed within 30 days from the date of the crash.

Reimbursement

All out of pocket expenses such as taxis and transportation costs, pharmacy bills and other crash related expenses is reimbursed after providing the receipt. Additionally, up to $25a day for other related incidentals for one year post accident.

Contact Auto Accident Lawyer

When a life changing accident happens, people need guidance, compassion, honesty and to be able to trust experts in the field of law. The last thing people need is to worry about anything but getting healthy and their lives back on track. At Dervishi Law Group, P.C., our goal is to offer comfort in times of need, unyielding dedication to our clients and their families and to give a sense of trust and confidence that everything possible is being done on your behalf. If you or a loved one is injured in an auto accident and need legal help in filing No-fault auto insurance, call us today at 917-300-0797/718-619-4525.

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