How Insurance Works for No Fault Accidents in New York
New York uses a no-fault auto insurance system to compensate car accident victims. This means that whether you were at fault or not, your insurance company pays for medical costs, lost wages and property damage based on your no-fault policy’s limits. At Rubenstein & Rynecki, we help clients obtain their rightful insurance benefits. We also help you sue negligent parties for pain and suffering when New York statutes allow it.
What no-fault insurance covers
This type of insurance covers "reasonable and necessary medical expenses" ― medical costs, 80 percent of your lost wages and other necessary expenses such as crutches, wheelchairs, medical devices, travel expenses for medical visits, and assistance with household chores. No-fault insurance pays up to a maximum of $50,000 per person involved in the accident to cover basic economic losses and does not cover pain and suffering damages.
Why no-fault insurance?
New York and other states passed no-fault insurance to help all accident victims recover their health and become productive again as soon as possible. The system also has the purpose of reducing lawsuits over minor injury and property damages to lighten court loads. In exchange for this system's benefits, people can only sue for serious injuries.
When you can sue
You must be able to prove that the other party was negligent to sue for pain and suffering. How liability is determined is pivotal for your ability to bring a lawsuit. The other main factors that allow you to sue are the extent of your injuries. As defined by New York Insurance Law, your injury must be serious. The law automatically establishes these injury categories as serious:
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined non-permanent injury or impairment that prevented performance of all usual and customary daily activities for 90 out of 180 days following the accident
Helping the injured since 1972
Our lawyers at Rubenstein & Rynecki have represented clients in New York car accident cases for more than three decades. We fight to see them receive the compensation they deserve. It costs you nothing to discuss your accident with us and we may be able to help. No recovery, no fee. Contact us today for a free consultation.