How Does New York’s No-Fault Law Affect My Recovery for My Car Accident Injuries?

When someone is injured in a car accident, it’s only natural they want to be compensated for damages sustained because of the accident as well as for pain and suffering as a result of injuries inflicted by someone else’s negligence. New York, as one of only 12 states in the country that has adopted no-fault laws, makes it easy for victims to receive some compensation from an insurance company quickly following their accident. Under No-Fault Law, a car accident victim is entitled to compensation from an insurer for personal injury expenses they incurred such as hospital bills or wages lost due to missed work without proving fault or another party’s negligence.

Even though New York’s No-Fault Law has simplified and streamlined the compensation process for these harms, it does not allow victims to pursue damages for pain and suffering through this same process. A victim must choose within 30 days from their accident whether they want to take advantage of New York’s No-Fault insurance laws or else run the risk of receiving no compensation for medical bills and lost wages.

There is a $50,000 financial award limit under New York’s No-Fault Law that is meant to cover a meaningful portion of:

  • Reasonable, necessary medical expenses for treatment related to the accident,
  • Lost wages (up to 80% with a maximum of $2,000 per months for up to 3 years),
  • Reasonable, necessary transportation costs incurred traveling to and from locations for medical treatment, and
  • Household assistance and other reasonable, necessary expenses.

In the case of a fatal car accident, the No-Fault Law in New York also provides a victim’s estate an additional death benefit.

If a New York car accident victim wants to seek monetary compensation for their pain and suffering, they must first prove another party was negligent or otherwise at fault for the accident and their injuries. Then, even after establishing fault, a victim’s injuries must be grave enough to satisfy certain New York insurance law requirements. Under New York State Insurance Law §5102 (d), the victim must meet at least one of the conditions below to recover pain and suffering damages:

  • As a result of the car accident the victim died, lost a limb (was dismembered), lost a fetus, or suffered a significant amount of disfigurement or scarring.
  • The victim suffered broken bones, parts of bones, or teeth in the accident.
  • Due to the accident, the victim has suffered the “significant limitation,” “permanent loss,” or “permanent, consequential limitation” of the use of at least one bodily system, part, or function.
  • For at least 90 days of the 180 days immediately after the accident, the victim’s injuries have limited them in some way.

New York Personal Injury Lawyer

Looking for a top New York personal injury lawyer to help you get money following an accident? Look no further than the talented team of attorneys at MOWK Law. Aggressive, experienced and always working hard to make sure our clients get paid as quickly as possible – call us today.