In today’s video, New York auto injury attorney, Drew Palcsik gives you a basic explanation of New York’s no fault law.
Many people do not know that they have no fault coverage until they get into a car accident.
However, you may not know where to find the deadline to apply, how to apply, or even what it covers. They don’t know what the deadlines are to apply, how to apply. No Fault can pay for your medical expenses and lost wages. Watch our video to learn how New York’s no fault insurance can help after your motor vehicle crash.
What is New York No Fault?
Hey everyone. It’s Drew from Champlain Valley Law. In this video we’ll introduce you to New York’s no-fault law, and specifically the types of benefits and time limits for receiving them.
What is New York No Fault?
If you’ve been in a car wreck in New York state, or you’re a New York driver who’s been in a car wreck anywhere else, you’ll have access to coverage under New York’s no-fault law.
No-fault insurance coverage is a mandatory benefit in New York state, meaning every auto insurance policy provides coverage, whether you ask for it or not. The coverage provides a minimum of $50,000 in benefits for a car crash.
And the coverage applies to anyone who’s been in a car crash, regardless of who’s at fault. That’s why they call it no-fault.
Do I have to sue to get no fault benefits?
You don’t have to file a personal injury claim to get the benefit. In fact, one of the downsides of no-fault that we’ll talk about a little bit more in a later video, is that in many cases, the no-fault law prevents you from making a personal injury claim at all.
The difference between a personal injury claim and no fault?
The difference between a personal injury claim and the no-fault benefit is this – If you make a personal injury claim, you’re entitled to recover all the harms and losses that are caused by the crash.
This includes intangible losses like pain, suffering, inconvenience, and other losses that don’t exist on paper.
No-fault on the other hand is a much more limited benefit. It’s more of a reimbursement, meaning that it only pays for amounts of money that have been spent or would have been earned. It leaves a lot of losses without compensation.
What does no fault cover?
So let’s talk about what no-fault does cover.
The biggest category of your no-fault benefit will be for medical expenses related to the crash.
All of these are covered under no-fault:
- doctor’s visits
- hospital stays
No-fault will also replace lost wages or earnings, and your lost income will be paid for up to three years from the date of the crash.
What is a reasonable expense in a no fault claim?
No-fault will also reimburse you for reasonable out of pocket expenses related to the crash. A reasonable expense is for something other than medical care or lost income and can be up to $25 per day, up to one year from the date of the crash.
These expenses might include things like childcare, travel expenses, or household cleaning services. It’s important that you keep a receipt in order to make sure that you can prove the expense and actually get reimbursed from your no-fault carrier.
Timeline to file a New York no fault claim
Now, generally, you have up to 30 days from the date of the crash to start your no-fault claim. You can start your no-fault claim by calling your insurance company and asking them for the no-fault form. Usually, your insurance company will want you to notify them in writing and that’s why they’ll give you the form.
So that’s a basic introduction to the New York no-fault law. In future videos will dive in a little bit deeper about some of the details.
So your takeaway here is that if you’ve been involved in a New York crash, or you’re a New York driver involved in a crash anywhere else,
you’ll have up to $50,000 minimum to take care of medical expenses, lost income and reasonable expenses related to the crash. But remember, don’t delay in notifying the insurance company about your claim. Otherwise, you run the risk of having it denied.
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