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New York No-Fault Overview

Motor Vehicle Accident Indemnification CorporationIf 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.

Client Reviews
★★★★★
What do I think about Jeena? Well, she is just awesome. In all seriousness, I have known Jeena for several years through the Greater NYC legal community and have worked with her on matters. She is a knowledgeable, compassionate and passionate advocate. I recommend her without hesitation. Cari Rincker
★★★★★
Jeena Belil has been instrumental with retrieving payments for no fault claims that were either short paid or not paid at all to me as a provider. As a Personal Injury Attorney, she has helped several of my patients during the worst time in their life after a motor vehicle accident. I do not hesitate to call her for her services and definitely recommend her to anyone who would need her expertise. Kris Johnston
★★★★★
I know Jeena as a colleague through several solo and small firm attorney listservs. She is consistently responsive to inquiries and ready to share her expertise and insight to help others. God forbid I'm ever in an accident in New York, but if I am I will be calling Jeena. Deborah Matthews