If you are in an auto accident in New York, then you should have a no-fault insurance policy. The New York State Bar Association explains this is a mandatory requirement under state insurance laws. It provides you with guaranteed coverage for the expenses that you incur as a result of an accident involving a motor vehicle.
This insurance coverage provides you with the ability to make a claim for any type of accident that includes a motor vehicle, even those beyond the standard type of accident, such as pedestrian and bicycle accidents. You can receive up to $50,000 in benefits from your policy.
How it works
As long as you have an insurance policy, you have the right to the benefits under this type of policy. Fault does not apply to your ability to collect benefits. However, there are two exceptions: You cannot claim benefits if you were engaged in criminal activity or if you were under the influence of drugs or alcohol at the time of the accident.
Benefits are available to all passengers and the driver. You may collect them for medical expenses, lost wages and other loss expenses. They do not cover pain and suffering. Benefits may cover all medical costs, up to $2,000 monthly for three years for loss of wages, up to $25 per day for one year for other expenses and a one-time $2,000 death benefit.
To get benefits, you must submit a claim within 30 days of the accident. You have up to 45 days to submit medical claims, and for other expenses that you may incur after the accident, you have up to 90 days to submit claims after you incur them.
Right to sue
Even with the no-fault insurance, you do not lose your right to sue. You may sue the at-fault party for expenses that are more than your benefit limits. You may also sue for serious injuries and death. You also retain the right to sue if the other driver does not have insurance.
Knowing what to do if you are in an accident is difficult. Make sure you find solid advice and guidance to help you pick up the pieces and get the compensation you deserve.