New York No-Fault Insurance
New York's No-Fault law provides individuals with a type of insurance they may be able to collect if they have suffered an injury or damages in a vehicle accident. No-Fault insurance is designed to pay cyclists, drivers, pedestrians, and passengers up to $50,000 for their economic losses in an accident, regardless of who caused the accident. No-Fault insurance typically compensates accidents victims for medical bills and lost wages. Filing a No-Fault claim, however, does not guarantee injured individuals full compensation for their damages. Accident victims cannot collect compensation for pain and suffering by filing a No-Fault claim. In order receive full compensation for economic losses and pain and suffering caused by the accident, injured individuals must file a negligence lawsuit against the party that caused the accident.
Who is Eligible for No-Fault Insurance?
While cyclists, drivers, pedestrians, and passengers may be able to collect No-Fault insurance, several conditions must be met in order to do so:
- The accident had to have occurred in New York
- The injured individual had to have been either the driver or passenger of the insured vehicle. This condition does not apply to cyclists and pedestrians who have been struck by a vehicle.
- The vehicle involved in the accident has to have an insurance company that is licensed to do business in the State of New York.
- The vehicle must be registered in the State of New York
Who Cannot Make a No-Fault Claim?
The injured party is not eligible to make a No-Fault claim if any of the following are true:
- The injured party was driving a motorcycle
- The injured party was operating a scooter or vespa
- The injured party was operating a vehicle under the influence of alcohol or drugs
- The other driver's insurance company is not licensed to do business in New York
Filing a No-Fault Claim and Retaining a Lawyer
The application process for filing a No-Fault claim is long and complex. While the application was designed to be simple, its complex structure often has the reverse effect. Insurance companies have perverted the application process, attempting to use even the smallest errors, such as a missed deadline, medical appointment, or incorrect entry on the application to deny accident victims the benefits they may be entitled. Furthermore, insurance companies may even look to deny victims coverage when the application is filled out and submitted correctly. As a result, it is within accident victims' best interests to retain a skilled car accident attorney.
At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have experience dealing with insurance companies and No-Fault claims. Our New York personal injury lawyers realize that the application process is complex and difficult to understand. As a result, we will handle all aspects of the No-Fault application process. Furthermore, our attorneys will file lawsuits on our client's behalf if their accident was the result of another driver's negligence. We have been handling No-Fault claims and auto accident lawsuits for over 50 years and have secured our clients many favorable verdicts and settlements.
Have you or someone you love been injured in a car accident? If so, you may be able to collect No-Fault insurance. For a free consultation regarding your legal options, call 212-406-1700 or contact us online. Our firm will review your case to see how our lawyers may be able to help you.