What Accident Victims Need to Know About New York No-Fault Law

New York is one of 12 states in the nation with no-fault auto insurance laws. All licensed N.Y. drivers are required to carry personal injury protection (PIP) insurance, which provides immediate reimbursement for basic economic losses from an accident. This system is intended to reduce delays in getting compensation and to lower the burden on the court system by minimizing personal injury lawsuits. However, a victim suffering serious injuries may be able to sue an at-fault driver in certain circumstances.

New York’s no-fault insurance law defines “basic economic losses” to include the following, up to a limit of $50,000 per person:

• Medical bills, including hospital stays, surgeries, rehabilitation and necessary medical equipment
• A portion of lost wages (up to 80 percent of income, with a maximum of $2,000 per month, for up to three years)
• Certain other expenses, such as transportation to medical appointments

PIP applies to the driver, passengers, pedestrians and cyclists involved in the accident. However, it does not cover non-economic losses, such as pain and suffering, for which separate legal action may be necessary.

While New York’s no-fault system provides important benefits, it also limits your ability to file a lawsuit against the at-fault driver unless you meet the “serious injury” threshold defined by law. A “serious injury” is one that results in:

• Death
• Dismemberment
• Significant disfigurement
• Fractures
• Loss of a fetus
• Permanent loss or limitation of use of a body organ, member, function, or system
• A non-permanent injury or impairment that prevents you from performing daily activities for at least 90 days within the 180 days following the accident

If your injuries meet one or more of these criteria, you may be able to file a personal injury lawsuit to recover additional damages, including compensation for pain and suffering, emotional distress and loss of enjoyment of life.

Meeting the serious injury threshold can be challenging, since insurance companies will often dispute claims to avoid paying higher damages. You’ll need to present substantial evidence, including medical records, expert testimony, and documentation of how the injury has impacted your ability to work and live your daily life. Insurance companies may also conduct surveillance or hire independent medical examiners to investigate your claim.

Under New York’s statute of limitations in New York, you have three years from the date of the accident to file a personal injury lawsuit, although the deadline can be tolled in certain circumstances. However, this deadline can be shorter in some situations, such as when a government entity is involved in the accident. Consulting with an experienced New York automobile accident lawyer early on ensures you meet all procedural requirements and preserve your right to compensation.

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York, our attorneys have experience helping injured victims of car crashes across Long Island get the compensation they need and deserve. Call us today at 631-360-0400 or contact us online to schedule a free consultation.