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New York has created a system by which "minor" personal injury causes of action that arise from motor vehicle accidents can be screened. It is mandatory that all drivers of motor vehicles purchase insurance that contains liability coverage, as well as the no-fault provisions set out in Article 51 of the New York Insurance Law.
The purpose of no-fault insurance is to protect New York drivers who have been injured in car crashes from having to pursue lengthy litigation and negotiation processes in order to collect damages for their injuries. 

What is No-Fault Insurance?

In a no-fault state like New York, anyone who is insured and involved in an accident may collect damages without showing the extent of fault or negligence on the part of any of the accident participants. The following are those who are covered in the event of an accident:

  • The owner, driver, and passengers of the insured's motor vehicle;

  • Any pedestrians that were hit by the insured's motor vehicle; and

  • Any other persons involved in the accident who are entitled to the benefits.

Though the no-fault insurance scheme does not consider the extent of fault of either party when assessing who can be covered and receive benefits and who cannot, there are certain parties who may be involved in an accident who are not permitted to recover. Persons who are occupying a separate motor vehicle or motorcycle may not be able to recover, as well as those persons who were injured due to:

  • Their own intentional act;

  • Their own intoxication level;

  • Driving while committing a felony or fleeing lawful arrest;

  • Drag racing or speed testing their motor vehicle;

  • Knowingly driving a stolen vehicle;

  • Driving without the requisite no-fault insurance coverage;

  • Hitting a pedestrian while driving without no-fault insurance; or

  • The repair, maintenance, and operation of a motor vehicle on business premises.

Recoverable Damages

Those who are covered under New York's no-fault insurance provisions will be able to recover only for economic loss due to the injury (this excludes recovery for property damage and non-economic loss such as pain and suffering), and the covered persons will be able to recover up to $50,000 for:

  • Medical expenses that are necessary for recovery;

  • Lost earnings, which include wages and salaries and necessary and reasonable expenses associated with the incurring of income. The recovery for lost earnings is capped at $2,000/month for not more than three years from the date of the accident;

  • Twenty-five dollars per day for necessary and reasonable expenses that are incurred in the day-to-day maintenance of the home, such as household services; these funds may be recovered up to one year from the date of the accident; and

  • A limited economic death benefit of $2000 in the event that the motor vehicle accident caused a death of a covered person.

Contact Our Attorneys for Help

After an accident that took place in New York, a covered, injured person must file the claim within 30 days. Medical bills must be submitted within 45 days, and the lost wages claim should be filed within 90 days. If you have been involved in an accident in New York City, please contact one of our experienced Manhattan personal injury lawyers at Keogh Crispi, P.C. Our attorneys can review your claim, medical bills, and overall injury and assess whether or not you will need to bring further claims beyond the no-fault insurance coverage. Call us today at 212- 818-0600 or contact us online.

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Keogh Crispi

521 Fifth Avenue, Suite 1740
New York, NY 10175

Phone: 212-518-2417
Fax: 212-818-0180
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