Understanding No-Fault Insurance in New York
Almost all states require auto insurance to drive vehicles. Each state has its own minimum requirements and laws regarding insurance and how it is used in the event of a car accident. New York is one of the dozen states with a no-fault insurance law. In no-fault states, drivers must have personal injury protection (PIP), which is also known as no-fault insurance.
No-fault insurance means drivers are primarily covered by their insurance company for injuries sustained in a car accident. These states limit the ability to sue for pain, suffering, and other non-economic damages.
How it Works
No-fault insurance is designed to pay promptly for economic losses suffered in a car accident, regardless of who is at fault or whether there was any negligence. Economic losses refer to medical expenses, lost earnings, and other injury-related reasonable expenditures. No-fault insurance pays up to $50,000 per person to drivers, passengers, and pedestrians injured in the accident.
The $50,000 coverage is just the bare minimum. You can purchase additional PIP with limits up to $150,000. This would cover you, your household relatives, and passengers in any car you or your relatives drive in the United States and Canada. PIP coverage does not cover physical damage to your car or other personal property. To protect your vehicle, you will need collision and comprehensive coverage.
No-fault insurance streamlines the claims process and reduces lawsuits. It also helps quickly restore car accident victims to their pre-accident health and productivity.
Can You Sue the Other Driver?
If you have suffered significant injuries in a crash, you may wonder about your right to sue.
You can only pursue a claim against an at-fault driver for further damages if you have suffered a serious injury. This is why you should carry more than just the minimum coverage. This will cost more, but will give you peace of mind in a serious accident.
A serious injury under New York law refers to one of these nine injuries:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- 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 the use of a body function or system
- Non-permanent injury or impairment that prevents an injured person from performing daily activities for at least 90 of the 180 consecutive days immediately following an accident
Helping You Understand “No-Fault” Insurance
New York operates under a no-fault law, which is meant to help those involved in car accidents get the help they need as quickly as possible. If you have questions about insurance coverage, get the help you need from our car accident lawyer in Buffalo, NY. At Steve Foley Law Firm, we will work to get you the compensation you deserve. Call (716) 575-3236 to schedule a consultation or contact us online.