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, Poughkeepsie, 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 injured in motorcycle accidents. 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.

Your free consultation awaits. Take advantage of yours today.

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