If you’ve been injured in a car accident in the Queens, NY area, an auto injury lawyer can tell you more about your options and what recourse you might have for getting compensation. New York has no-fault insurance laws that have to be understood before you can bring a claim. Here are a few tips from an auto lawyer about things to know about no-fault insurance car accidents in New York.
1. Understanding No-Fault Insurance
No-fault insurance in New York auto accidents is designed to ensure that, regardless of who caused the accident, everyone’s own insurance company will cover their medical expenses, lost wages, and other related losses. The idea of the system is to streamline the compensation process, reduce the litigation burden on the court system, and make sure injured parties get payment for their losses as quickly as possible.
2. Coverage Scope
Your insurance should cover all reasonable medical expenses and other accident-related costs, up to a certain limit. The standard PIP coverage is $50,000 per person. Within this, you can claim up to 80% of your lost work earnings, for a max of $2,000 a month, for up to three years. You can also claim $25 a day for other expenses, like getting transportation to medical appointments, for example.
3. Eligibility
Generally, no-fault coverage applies to drivers, passengers, and pedestrians injured by a motor vehicle in New York. However, there are exceptions. Motorcyclists and their passengers, for instance, are not covered, nor is anyone riding an ATV. If you were intoxicated or engaged in criminal activity at the time of the accident, you’ll also be disqualified from receiving benefits.
4. Limitations and Exclusions
No-fault benefits do not cover property damage: that falls under a different part of your auto insurance policy. Additionally, with no-fault insurance, there’s no compensation for pain and suffering or other non-economic damages. You can only get these pursued through a separate lawsuit.
You’ll be allowed to do that only if your injuries meet a certain threshold defined by law as “serious injury.” Your lawyer can help you understand what you can claim, where to go if your no-fault insurance isn’t covering your expenses, and whether you’re eligible to file a lawsuit.
4. Filing a Claim
You must file with your insurance company within 30 days. You’ll file with your own insurance company if you were a driver. If you were a passenger, you’ll file with the driver’s insurance company. If you were a pedestrian, you’ll file with the insurance company covering the driver who injured you.
5. Disputes and Appeals
If you and your insurance company have disagreements over the necessity of certain medical treatment or the extent of your lost wages, or if your claim is denied, you are entitled to appeal the decision. It’s wise to have a lawyer’s help at this point, and you’ll need to submit additional documentation or evidence to support your claim.
6. Working With a Queens, NY Auto Injury Lawyer
A lawyer with experience in New York’s no-fault insurance laws will be a great asset to you throughout this process. A lawyer will advocate for you, make sure things are filed correctly and with the right departments or agencies, negotiate settlements, and just provide you with peace of mind in a hard time.
When you need help getting the compensation you deserve to get your life back to normal, contact Simon & Gilman, LLP in Queens, NY, to schedule a consultation.
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