No-Fault Car Insurance Claims in New York
Kingston Car Accident Attorneys – Call (845) 340-HURT (4878)
Most states have a rule that if you are injured in a car accident, you
have the option of bringing a claim against the at-fault driver or their
insurance in pursuit of compensation for your losses. In these situations,
you must prove to the other driver’s insurance that its own insured
driver was at fault for the collision in order to receive compensation
for your injuries. Since this process can be complicated and take a considerable
amount of time, many states including New York have switched to a no-fault
insurance system in which injured parties instead turn to their own insurance
providers for financial support.
If you have been injured in a car accident, our knowledgeable
Kingston car accident attorneys can walk you through the process of filing a no-fault insurance claim
and advocate for maximum compensation on your behalf. Having successfully
recovered millions on behalf of our injured clients, our team of Super
Lawyers® understands your rights and can fight to recover the financial
reimbursement you need.
We proudly serve clients throughout Kingston,
Newburgh, Ellenville, and across New York.
Get in touch with us today to discover more about how we can assist you.
How Does No-Fault Insurance Work in New York?
Exactly as it sounds, individuals in states with
no-fault insurance systems need to turn to their own car insurance coverage for any claim they should
make after an accident – regardless of
who is at fault for the collision. This streamlines the process of submitting an insurance claim and is
in many ways far more efficient than traditional “fault” systems,
as a person’s compensation cannot be delayed or denied due to disputes
about the cause of the accident. Furthermore, insurance companies in no-fault
states usually pay claims more promptly and with less resistance.
Despite this increase efficiency, no-fault systems have their fair share
of drawbacks. A person’s eligible compensation under a no-fault
insurance system will only extend to the limits of their policy. While
traditional third-party insurance claims and lawsuits allow you to recover
compensation for “pain and suffering” in addition to reimbursement
for your lost wages and medical expenses, “pain and suffering”
and other general damages like “emotional distress” may not
be recovered in a no-fault claim.
In New York, individuals may only sue an at-fault driver if their injuries include:
- Permanent debilitation
- Lifelong disfigurement
- Fractured bones
- Full disability for a minimum of 90 days
Personal injury and property damage lawsuits must be filed within three years after the
accident in order to be heard by the courts.
Are Motorcyclists Covered Under No-Fault Law?
The insurance and liability rules in New York are very different for individuals
Motorcycles are exempt from the definition of a “motor vehicle” under no-fault law,
therefore injured motorcyclists may not collect reimbursement for medical
bills and lost wages under their own insurance. On the flipside, motorcyclists
are not bound by the state’s injury threshold and may therefore
file a personal injury claim against an at-fault driver even for minor
injuries. It is important to note that
bicyclists are covered under no-fault law.
Since New York Motorcycle Insurance minimums are only $25,000/$50,000 and
the cost of injuries can easily exceed these limits, motorcycle riders
are highly encouraged to purchase their own
supplemental uninsured motorist (SUM) coverage. This coverage will help to pay for a rider’s medical expenses
in the event that they should be hit by an uninsured or underinsured driver
up to the limits of their policy.
Schedule a No-Cost Consultation
If you have been injured in a car accident or motorcycle accident, our
Kingston personal injury lawyers at Mainetti, Mainetti, & O’Connor
can guide you through the process of filing an insurance claim and provide
the uncompromising legal support you need. We understand the immense emotional,
physical, and financial burden a sudden injury can place on a person’s
shoulders, and we are prepared to do everything we can in pursuit of maximum
recovery on your behalf. With 24/7 availability, we will always be there
for you when you need us most. Whether you were injured in Newburgh, Poushkeepsie,
or a neraby area, call us.
free consultation awaits. Take advantage of yours today.