New York Insurance Law Article 51 is formally known as the Comprehensive
Motor Vehicle Insurance Reparations Act. That certainly is a mouthful.
It is now, and has been for a long time, gone by the informal name, New
York’s No-Fault Act.
Persons covered by said Act are pedestrians, owners, occupants, and operators
who are injured through someone’s use of a motor vehicle. It does
not apply to motorcycles and persons driving a vehicle (or a spouse thereof)
that is uninsured. It also does not apply to property damage (although
other portions of one’s car insurance policy will cover property
damage; such just is not covered by the No-Fault law).
Without having to fight over which driver was at fault for the accident,
persons injured in a roadway crash can receive compensation for necessary
medical expenses, remedial care and treatment, and loss of earnings. The
compensation one can receive through the No-Fault rules is not limitless.
The experienced Poughkeepsie No-Fault accident attorney also knows that
various exclusions apply even if the operator of the vehicle did have
an automobile policy in affect. For example, injuries caused to oneself
as a result of one’s intentional actions may be excluded from coverage.
Other exclusions exist and please note that excluding one from coverage
is a matter of discretion and not mandated by the aforementioned statute.
If the victim of a car crash is a covered person and there has been no
serious injury suffered as defined by the law, than the victim’s
compensation may be limited to what the No-Fault Law dictates. That is:
$50,000 minimum coverage for No-Fault allocated to each occupant in the vehicle.
80% of wage losses with a maximum of $2,000 per month.
In order to receive these benefits, the victim of an automobile accident
will have to notify the insurance carrier within 30 days of the accident.
Notification must be given in writing by using the appropriate paperwork.
The insurance company will need medical bills to be submitted within 45
days from the receipt of treatment. Once the victim has used all of the
coverage provided for by the insurance policy, the victim will receive no more.
Unless, of course, special circumstances apply. Serious injuries sustained
in a car crash can result in civil litigation. Motorcycle riders and passengers
may want to sue the wrongdoer for compensation too.
There are also times when No-Fault payments are denied by the insurance
carrier when such denial should not have been issued.
Clearly, these matters are very complex. Rest assured that the insurance
company is an expert in the field while injured persons are not so expert.
Having an experienced New York car accident attorney is the best way to
assure the compensation deserved is indeed received.
Learn about New York’s No-Fault law, liability, and other important
issues involving car accidents in our latest article posted here.
Our personal injury attorneys at Mainetti, Mainetti, and O’Connor,
P.C. have over 100 years of combined experience working with victims of
personal injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear what our clients are saying about
us here and learn about just some of our successful results here. If you
or a loved one has been injured in a personal injury accident, please
do not hesitate to contact us by calling 845-340-HURT (4878) or toll free
at 866-440-4452, or by using the convenient contact form here.