Understanding No-Fault Insurance in New York

15 Jul Understanding No-Fault Insurance in New York: What It Means for Your Injury Case

New York is one of a handful of states with a no-fault insurance system for motor vehicle accidents. While it’s meant to streamline the claims process and reduce lawsuits, many injury victims don’t fully understand how no-fault laws affect their rights, especially when serious injuries are involved.

In this article, we’ll break down no-fault insurance in NY, what it covers, and what it means for your ability to pursue personal injury compensation. Whether you were injured in a car, bike, or pedestrian accident in Long Island, this guide will help you better understand your next steps.

Injured in a crash? Contact a trustedLong Island injury lawyerat Gruenberg Kelly Della today.

What Is No-Fault Insurance in NY?

New York’s no-fault system—also known as Personal Injury Protection (PIP)—means that your own auto insurance pays for your medical bills, lost wages, and other necessary expenses, regardless of who was at fault in the accident.

Applies to:

• Drivers and passengers in motor vehicles

• Pedestrians struck by vehicles

• Cyclists injured by vehicles (in most cases)

Does NOT apply to:

• Motorcyclists (they are excluded from no-fault coverage)

• Property damage (handled separately)

• Pain and suffering (not covered under no-fault)

What No-Fault Insurance Covers

No-fault benefits can cover up to $50,000 per person for:

• Medical expenses related to the accident

• Lost earnings (up to 80% of wages, capped at $2,000/month for 3 years)

• Reasonable out-of-pocket expenses

• Transportation to medical appointments

• Household help if prescribed by a doctor

• Even if you caused the accident, your policy pays for your immediate care.

How No-Fault Affects Personal Injury Claims

Many people assume they can sue the at-fault driver right away, but in New York, no-fault insurance must be used first. You can only pursue additional personal injury compensation if your injuries meet the “serious injury threshold.”

Serious injuries may include:

• Fractures

• Significant disfigurement

• Loss of a body function or system

• Permanent limitation of use

• 90 out of 180 days of disability following the accident

If your injuries qualify, a skilled Long Island injury lawyer can help you pursue damages for:

Do Pedestrians and Cyclists Get No-Fault Coverage?

Yes. In most cases, if you’re a pedestrian or cyclist hit by a motor vehicle, you are eligible for no-fault benefits under the driver’s insurance policy. However, these claims must be filed quickly and are often more complex.

You must file a no-fault application within 30 days of the accident to receive benefits.

Common Pitfalls to Avoid with No-Fault Claims

Navigating New York’s no-fault system can be tricky. Here are some mistakes that can jeopardize your case:

• Missing the 30-day filing deadline

• Failing to attend independent medical exams (IMEs)

• Assuming no-fault covers all damages

• Not seeking legal help when injuries are severe

When to Contact a Long Island Injury Lawyer

If your injuries are serious, your benefits are denied, or the insurance company is pressuring you to settle, you need legal representation. At Gruenberg Kelly Della, we help accident victims protect their rights and pursue the compensation they truly deserve.

We’ll handle everything from:

• Investigating your accident

• Gathering medical evidence

• Determining if your injuries exceed the no-fault threshold

• Negotiating with insurance companies

• Filing a lawsuit if necessary

Don’t Let No-Fault Rules Limit Your Recovery

While New York’s no-fault system offers fast relief, it doesn’t always go far enough, especially when injuries are serious or life-changing. If you’ve been injured in a car, pedestrian, or bicycle accident in Long Island, contact Gruenberg Kelly Della today for a free consultation.