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Is New York a No-Fault Insurance State?

Posted on May 29, 2024

Ranking among the top 5 most populous states in the United States, New York state has a high number of car collisions. Busy traffic leads to the inevitability of car accidents, which in turn result in injuries and even fatalities. That’s why it is so important to understand the insurance policy and when you should consult a car accident attorney.

It is critical to seek the help of a skilled car accident attorney before it’s too late. An experienced New York City car accident lawyer can guide you through the legal process and ensure that your rights are protected. At Kucher Law Group, we can help you pursue fair compensation for your losses, including medical expenses, lost wages, property damage, and pain and suffering. Contact us today at (929) 563-6780 to advocate for your rights and help you secure the compensation you deserve.

What Is a No-Fault Law in NY?

The No-Fault law can sound confusing to people who hear about it for the first time. One should know that the law does NOT mean nobody would be held at fault for a car collision.

The No-Fault car insurance system exists in more than a dozen states in the US including New York. The No-Fault law was adopted in NY in the 1970s to help people get compensation faster and to provide financial aid to car accident victims more quickly.

The law applies to everyone who got involved in the car accident including pedestrians, cyclists, drivers, and passengers of the vehicles regardless of who was at fault. The victims of the motor vehicle accident can have their crash-related medical expenses, lost earnings, and incidental costs covered by the insurance company.

What Does No Fault State Mean?

In a no-fault state, drivers are mandated to carry a minimum level of personal injury protection (PIP) coverage, usually in addition to bodily injury and property damage liability coverage. 

Following an accident, individuals in a no-fault state are obligated to initiate a claim with their own insurance company to cover their injury-related expenses, regardless of the actual party at fault for the collision. In a no-fault state, the ability of drivers to sue for personal injuries resulting from accidents is restricted. Legal action may only be pursued if injuries are classified as severe.

If you were not the driver involved in the accident, the insurance company responsible for compensating you is the one that provides coverage for the vehicle in which you were present at the time of the incident. The only exception to this rule is if you were a pedestrian struck by a different vehicle, in which case you would look to the insurance provider of that vehicle.

Understanding what “no-fault state” means is crucial if you’ve been involved in a car accident in New York. At Kucher Law Group, our New York car accident lawyers can navigate the intricacies of no-fault insurance laws to ensure you receive the compensation you deserve. Whether it’s securing medical expenses coverage or pursuing a personal injury claim when necessary, we’re here to protect your rights and interests. Contact us today to discuss your situation and let us guide you towards a fair resolution.

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Who Can Qualify for No-Fault Insurance in New York State?

The No-Fault law in NY state applies to pedestrians, cyclists, drivers, and passengers who got injured by a motor vehicle. There are several conditions that one must meet to qualify for No-Fault insurance coverage:

  • The car accident has to happen in New York state.
  • The driver or passenger injured in a vehicle collision has to be in the insured car. If it’s a pedestrian or cyclist then the vehicle they were hit by has to be insured.
  • The vehicle must have New York state registration.
  • The vehicle must be a car, bus, taxi, truck, or another type of vehicle covered by No-Fault law.
  • The vehicle insurance has to be issued by a company licensed to do business in New York state.

Who does not qualify for No-Fault insurance?

  • Motorcycle and motorscooter riders.
  • Motor vehicle drivers injured as a result of operating a motor vehicle while intoxicated.
Qualification Criteria Description
Car Accident Location The car accident must occur within the state of New York.
Injured Party The injured party must be a pedestrian, cyclist, driver, or passenger involved in a motor vehicle accident. If a pedestrian or cyclist, the vehicle that hit them must be insured.
Vehicle Requirements The vehicle involved in the accident must be registered in New York state and fall under the types of vehicles covered by the No-Fault law, including cars, buses, taxis, trucks, and others.
Insurance Provider The vehicle’s insurance must be issued by a company licensed to do business in New York state.
Parties That Do Not Qualify for No-Fault Insurance Motorcycle and motor scooter riders, as well as motor vehicle drivers injured due to intoxication, do not qualify for No-Fault insurance coverage.

Who Pays for Car Damage In A No-Fault State?

In New York, there are “no-fault” insurance laws, which means that in a car accident, each driver’s insurance pays for their own injuries, regardless of who was at fault. However, this only applies to personal injury claims, not property damage. 

In the event of a car accident, the driver who is responsible for the accident is accountable for covering all property damage incurred. Unlike personal injury claims, anyone whose vehicle or other property sustained damage can receive direct compensation from the at-fault driver for the complete cost of the damages. Typically, liability is transferred to the at-fault driver’s insurance company, provided the driver meets state law requirements and has adequate insurance coverage. Unlike personal injury claims, property damage claims can be pursued independently.

If you have been involved in a car accident in New York and are struggling to navigate the complexities of filing an insurance claim for property damage, Kucher Law Group is here for you. Our experienced New York car accident lawyers may be able to help you receive the full compensation you deserve. We are committed to ensuring that you can hit the road again without having to pay for any repairs out of your own pockets. Contact us today to schedule a consultation and learn more about how we can help.

What Happens If the Person at Fault in an Accident Has No Insurance in New York?

In New York, if you are involved in an accident where the at-fault driver lacks insurance, you still have several options to pursue compensation for any serious injuries you sustain. Here’s what you can do:

  • File a No-Fault Claim: New York operates under a no-fault insurance system. Regardless of who is responsible for the accident, you can file a claim with your own insurance provider to cover medical costs, lost wages, and other incidental expenses up to the coverage limits of your policy.
  • Use Your Uninsured Motorist Coverage: If the at-fault driver lacks insurance, your own uninsured motorist coverage can be used. This coverage is typically a part of your auto insurance policy and is specifically designed to cover damages for bodily injury caused by uninsured drivers.
  • Sue the At-Fault Driver: As a last resort, you have the option to sue the uninsured driver directly. This option can be more challenging, as success depends on whether the at-fault driver has sufficient assets to cover your damages, which might not always be the case.

It’s important to act promptly and consult with a New York car accident lawyer who understands the complexities of motor vehicle accident claims in New York. Kucher Law Group can guide you through the process and help you obtain the compensation you deserve for your injuries and losses. Contact us today to schedule a consultation.

How to Claim No-Fault Insurance?

Claiming No-Fault insurance can be tricky due to many rules and strict deadlines when it comes to filing and submitting the paperwork.

The application for No-Fault insurance must be filed with the insurance provider within 30 days of the car accident. The medical bills have to be submitted within 45 days of the treatment while other expenses, for example, the lost wages or household help must be submitted within 90 days.

At Kucher Law Group, our skilled New York City car accident lawyers are dedicated to assisting victims of vehicle collisions and their families. We recognize the stress and worry that accompany such incidents and are committed to ensuring that victims receive the justice and compensation they deserve. If you have suffered injuries in a car accident in New York, contact us today at (929) 563-6780 to schedule a free consultation with our car accident lawyer.

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