New York is a no-fault auto accident state. This means that if you are injured in an auto accident in NY, you can file an insurance claim for accident-related medical expenses, lost earnings and other costs, regardless of who was at fault. However, no-fault benefits are limited and there are traps for the unwary. At E. Stewart Jones Hacker Murphy, we offer a free initial consultation to explain how your no-fault insurance works.
Our personal injury attorneys have served clients in Albany and Upstate New York from Poughkeepsie to Utica to Saratoga Springs and beyond. We take on insurance companies that stubbornly refuse fair compensation for legitimate injury claims. We also know how to properly prepare lawsuits against the at-fault driver if you have suffered a serious injury.
We’ve prepared a valuable list of things to do (and not do) in the case of an automobile accident.
Download a copy and place it in the glove compartment of vehicles that you and loved ones drive for easy reference.
How New York No-Fault Insurance Works
In addition to medical expenses, no-fault insurance will pay your lost wages for up to three years after injury. However, no-fault won’t pay unless a doctor assesses you and puts you on work restriction.
Regardless of who caused the accident, your auto insurance company is required to pay up to $50,000 for economic loses such as medical bills, lost wages and other expenses resulting from an accident. In addition to the driver, no-fault covers passengers, pedestrians and bicyclists who are injured in accidents involving motor vehicles.
To receive compensation, you must:
- Within 30 days, file a No-Fault Application (form NF-2) with the insurance company of the car you were in. If you were a bicyclist or pedestrian, you should also file a claim with your insurance company. If the owner of the car you were in was uninsured or you cannot determine the insurance company, you should send a notice to the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC).
- If you are claiming lost earnings, ask your employer to send in proof of your income loss within 90 days of the accident. Save all receipts for other out-of-pocket expenses, such as personal assistance needed as a result of the accident.
If You Have Suffered a Serious Injury
If you have suffered a serious injury, you can file a personal injury claim for additional compensation, including pain and suffering, against the insurance company of the at-fault driver. If our lawyers are handling your personal injury claim, we will help you file your New York No-Fault Claim at no charge.
Car Accident Lawyers Serving Albany, the Capital District, and Upstate New York
Contact us for a free personal injury consultation by phone or schedule a confidential in-person meeting with an attorney at one of our four convenient offices in Albany, Latham, Troy, or Saratoga Springs, NY.