New York No-Fault Overview
If you or a loved one is injured in a motor vehicle accident, you may be entitled to economic benefits, commonly called No Fault. The following is basic information on No Fault Benefits. If you have any questions, contact a lawyer experienced in handling No Fault matters.What You Need to Know About No-Fault Claims
New York State No-Fault is based upon Insurance Law, Regulations and the No Fault insurer's governing policy. It is intricate and can be overwhelming.
No-Fault benefits are provided to all injured persons in a motor vehicle accident, no matter who was at fault. In general, No-Fault will cover anyone who is injured in a car, bus, or truck accident.
No-Fault Coverage will not be provided in the following instances:
- If the injuries were caused as the result of an intentional act;
- if the accident occurred as a result of the injured person's use of alcohol or drugs;
- if the accident occurred while the injured person was committing a felony;
- if the injured person was operating or was a passenger on a motorcycle;
- if the injured person or his or her spouse was driving an uninsured vehicle.
No Fault benefits include payment of medical expenses including 'medically necessary hospital charges, surgery, dental, medical equipment, psychiatric and physical therapy. No-Fault benefits also include reimbursement for lost earnings up to a maximum of $2,000 per month. The most that will be paid in No-Fault benefits for expenses arising out of a single accident is $50,000 per person, unless the insurance coverage also provides for additional No-Fault benefits.No Fault Coverage in New York Follows the Vehicle. Therefore, Depending on the Type of Accident, a No-Fault Claim is Filed With
The insurance company covering the vehicle which the injured person was driving or in which the injured person was a passenger.
In the case of a pedestrian, the insurance company covering the vehicle that struck the pedestrian. A pedestrian struck by an uninsured vehicle may file a claim for No-Fault benefits with his own motor vehicle's No-Fault, if the person owns an insured vehicle or, if not, from the insurance company that insures any vehicle owned by a relative living in the injured person's household.
The Motor Vehicle Accident Indemnification Corporation (MVAIC), if there is no other available No-Fault coverage.
To collect No-Fault benefits, notice of the accident, including injuries, must be filed within 30 days of the accident. Failure to file within this time period could result in a denial of benefits. It is important to note that just because an insurance carrier has denied your No Fault benefits it does not mean that the decision to deny your claim cannot be contested.
Other conditions must be met or benefits may be denied. These include notice to the insurer within 30 days of the accident and appearances at Medical Examinations or Examinations Under Oath, which may be requested by the insurance company.