What is a No-Fault Accident in NY
New York’s no-fault law system was established in 1974 to reduce the number of lawsuits arising from road traffic accidents. This applies to any vehicle collision where each party’s insurance covers their injuries and related expenses, regardless of who is at fault. This system is governed by New York’s No-Fault Law under Article 51 of the Insurance Law. If you’re involved in a no-fault accident in NY, it’s essential to understand your rights and how this law works.
What No-Fault Insurance Covers
Insurance Law Section ISC § 5103 is the basis of New York’s no-fault law. It establishes the mandatory minimum insurance requirements that every auto coverage policy must meet for vehicles registered in the state.
Every driver in New York is required to have at least $50,000 in accident insurance to cover:
- Medical expenses (doctor visits, surgery, physical therapy).
- Lost wages (up to 80% of earnings, with a maximum of $2,000/month for three years).
- Other expenses (e.g., transportation to medical appointments).
In addition to PIP, Section 5103 mandates the following liability coverages for cases involving injuries or property damage:
- Bodily injury liability coverage:
- $25,000 per person for injuries to others (non-passengers).
- $50,000 per accident for injuries to multiple people.
- Property damage liability coverage:
- A minimum of $10,000 to cover damages to vehicles, fences, or other personal property caused by the insured driver.
These limits ensure that injured parties outside the New York no-fault law system (e.g., those with “serious injuries”) or those filing property damage claims have financial recourse.
Defining “Serious Injury”
Under New York’s Insurance Law Section 5102 (d), to go beyond the New York no-fault law system and file a lawsuit, injuries must fall under special criteria, such as:
- broken bones,
- significant disfigurement,
- permanent restriction of the use of a body part or organ,
- death,
- a medically determined injury that prevents normal activities for at least 90 days within 180 days of the accident.
Victims can only claim compensation for pain and suffering if their injuries meet the “serious injury” threshold. This requires extensive medical documentation and sometimes testimony from experts. Your insurer may require you to undergo an Independent Medical Examination (IME) to verify the extent of your injuries.
Eligibility for No-Fault Benefits
You’re entitled to no-fault benefits if:
- You’re the driver or passenger of the insured vehicle.
- You’re a pedestrian who is hit by an insured vehicle.
- You’re injured in New York (even if you live elsewhere) and the insured vehicle is insured in New York.
Exclusions:
- Motorcyclists and their passengers aren’t covered by no-fault insurance.
- Drivers injured while committing a crime or intentionally causing damage are not eligible for insurance.
If the driver is uninsured, the pedestrian can claim benefits through their own policy or the Motor Vehicle Accident Indemnification Corporation (MVAIC). No-fault attorney NY professionals often assist clients in navigating these claims.
No-fault benefits don’t apply to uninsured drivers. However, passengers and pedestrians injured by an uninsured driver can seek compensation through the MVAIC.
No-Fault Attorney NY
If you’ve been involved in a no-fault accident in NY and need legal support, our experienced no-fault attorneys in NY are ready to help. Based in Brooklyn, we serve clients across the NYC Metro Area. We also cover Manhattan, Staten Island, the Bronx, and Queens. Office address:
- 1810 Voorhies Ave
- suite #7
- Brooklyn, NY 11235
Contact The Rybak Firm, PLLC., today at (718) 307-5554 or fill out the online form to schedule a free consultation. We’re available 24/7 to help.
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