New York Car Accidents: Understanding No-Fault Insurance and Your Rights

With the increasing number of vehicles on American roads, car accidents have become more common. In heavily congested areas, the likelihood of being involved in an automobile accident increases exponentially. If you’ve been injured in a car accident, you’re likely facing numerous difficulties, including obtaining necessary medical care and dealing with uncooperative insurance companies. The period immediately after a car collision can be filled with stress and anxiety, especially if you’re unable to return to work and are burdened with unpaid medical bills and living expenses.

No-Fault Insurance in New York:

New York operates under a “no-fault” car insurance system, which was established in the 1970s to ensure that those injured in car accidents receive compensation for legitimate medical expenses, lost wages, and other related costs—regardless of which party was mostly responsible for the accident. The purpose of no-fault insurance is to provide immediate medical coverage for those injured in car accidents.

To benefit from New York’s No-Fault laws, you must file a claim within 30 days of the accident. Failing to provide all necessary information within this timeframe could lead to a denial of your claim.

Minimum Required Auto Insurance in New York:

In New York, the minimum personal injury protection insurance provides $25,000 in coverage for bodily injury (not resulting in death), or $50,000 for any injury resulting in death, sustained by any one person in any one accident; $50,000 for bodily injury (not resulting in death) sustained by two or more persons in any one accident, or $100,000 for any injuries resulting in death sustained by two or more persons in any one accident (subject to the above per person limits).  Since the minimum limit of coverage required by law for property damage liability protection, for damage to another party’s car or property, is $10,000 per accident, these minimum liability limits in New York are sometimes together referred to as “$25,000/$50,000/$10,000” or “25/50/10.” Additionally, there is minimum coverage of $50,000 per person personal injury protection (“PIP/No Fault) for medical coverage and lost income.

Bodily Injury Laws for Serious Injuries:

Under New York law, if you sustain serious injuries in an auto accident, you may have the right to sue for bodily injuries and pain and suffering associated with the accident. A bodily injury claim is separate from your no-fault claim and has different standards of proof, compensation, and coverage. A serious injury is defined as:

• Death
• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined injury or impairment of a non-permanent nature preventing substantial daily activities for at least 90 days within 180 days of the injury

Contact the experienced New York car accident attorneys at Talisman & DeLorenz, P.C. immediately after your accident to determine if you meet the serious injury threshold requirement.

Statutes of Limitations for Filing a Lawsuit:

After a car accident, specific laws dictate the time you have to file a lawsuit against the negligent party. Typically, a personal injury action must be filed within three years of the accident date. However, the statute of limitations can be significantly shorter in certain situations. For instance, if your accident involved a city, state or Port Authority (“PANYNJ”) owned vehicle, you will be required to file a Notice of Claim within 90 days of the accident and the statute of limitations could be as short as one year.

Automobile accidents, especially those leading to catastrophic injuries, place immense stress on victims and their families. Seeking guidance from an experienced accident attorney with expertise in bodily injury claim recovery can help prepare your case and protect your rights.

Contact Talisman & DeLorenz, P.C. – Your New York Car Accident Attorneys:

If you or someone you love has suffered a car accident in New York, it’s vital to have an experienced personal injury law firm on your side from the very beginning. As Members of the Multi-Million Dollar Advocates Forum and the National Top 100 Trial Lawyers, we are committed to fighting for your rights and ensuring your future is protected.

Call us today at 718-302-6802 for a free consultation and review of your case, or fill out our confidential online contact form. You deserve a strong legal advocate who will stand by you, advocating for your rights and future.