After any car accident in New York, understanding how your insurance coverage works can mean the difference between receiving prompt medical care and facing financial uncertainty. New York’s no-fault insurance system, while designed to provide quick compensation regardless of who caused the accident, often confuses accident victims who don’t fully understand their rights and options.
The complexity of no-fault insurance has led many accident victims to accept inadequate settlements or miss opportunities for additional compensation they legally deserve. At Proner & Proner, our personal injury attorneys will explain you how excatly the New York’s no-fault system works, who pays when you’re injured, and how experienced legal representation can ensure you receive every dollar you’re entitled to under the law. Let’s start!
Understanding New York's No-Fault Insurance System
New York is one of the states that have adopted a no-fault law for automobile accident cases. Under this system, every vehicle owner in the state is required to carry a minimum of $50,000 in Personal Injury Protection (PIP) insurance, also called no-fault coverage.
The fundamental principle behind no-fault insurance is simple:
- Regardless of who caused the accident, your own insurance company pays for your medical expenses and certain other losses up to your policy limits.
This system was designed to eliminate lengthy disputes about fault while ensuring accident victims receive prompt medical care.
However, the reality of how no-fault insurance operates is far more complex than this basic principle suggests. Understanding these complexities is crucial for anyone involved in a car accident in New York.
Follow Us On Youtube
What No-Fault Insurance Covers
Personal Injury Protection coverage (PIP, known as no-fault coverage) pays for economic losses including medical and health expenses, lost earnings, and certain other reasonable and necessary expenses related to injuries sustained in the accident. Specifically, no-fault typically covers:
Medical Expenses
All necessary medical treatment related to your accident injuries, including emergency room visits, hospital stays, surgeries, physical therapy, and follow-up care.
Lost Wages
Compensation for lost income up to $2,000 per month for a maximum of three years following the date of the car accident. This coverage helps replace income when injuries prevent you from working.
Essential Services
Reimbursement per day for necessary household services you cannot perform due to your injuries, such as childcare, housekeeping, or lawn maintenance.
Death Benefits
Financial support for families when accidents result in fatalities.
"Mitchell didn't give up, Mitchell fought for me and he fought for his firm. He was able to win our case succesfully. Thank you, Mitchell!"
What No-Fault Insurance Covers
Understanding the limitations of no-fault coverage is equally important. No-fault coverage does not provide compensation for non-economic damages such as pain and suffering. Additionally, no-fault insurance does not cover:
- Property damage to your vehicle
- Emotional distress
- Permanent disability compensation beyond basic lost wages
These significant limitations explain why many accident victims find their no-fault benefits inadequate to fully compensate them for serious injuries.
What Happens If No-Fault Coverage Is Not Enough?
New York’s no-fault law limits lawsuits against at-fault parties unless the victim has suffered a “serious injury”. Understanding this standard is crucial because it determines whether you can pursue additional compensation beyond no-fault benefits.
New York law defines serious injuries as those that cause death or disfigurement, result in loss of a limb or permanent injuries to internal organs, cause broken bones, or leave the victim with any kind of disabilities.
Specifically, a serious injury includes:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
If you suffered a serious injury as listed below, you may need to file a lawsuit to obtain the compensation you deserve. At Proner & Proner, we have more than 60 years of experience dealing with these types of accidents. Let us help you.
Critical Time Limits and Requirements
New York’s no-fault system imposes strict deadlines that can affect your ability to receive benefits:
30-Day Medical Treatment Rule: To be eligible for no-fault benefits, you must seek medical treatment within 30 days of the accident. This requirement is strictly enforced, and delays can result in denial of benefits.
Immediate Notification: You must promptly notify your insurance company of the accident and file a claim. Insurance providers must make payments within 30 days of receiving your healthcare provider’s claim.
Lawsuit Deadlines: New York requires that you file a personal injury lawsuit within three years of an accident, and in cases involving fatalities, family members must file within two years.
When No-Fault Benefits Are Denied
Despite the no-fault system’s promise of fast payment, insurance companies sometimes deny legitimate claims. If your no-fault claim gets denied, you will need a lawyer like Mitchell Proner to fight for your rights
Common reasons for denial include:
- Failure to seek timely medical treatment
- Disputes about whether treatment is necessary
- Questions about whether injuries were caused by the accident
Visit our Spanish Website
Get Advice From An Experienced Personal Injury Lawyer
All You Have To Do Is Call 800-321-1234 To Receive Your Free Case Evaluation.
How Mitchell Proner Can Help You
With over 60 years of combined firm experience handling car accident cases in New York, Mitchell Proner and his team at Proner & Proner understand the intricate details of no-fault insurance law and how to navigate its complexities to maximize client recovery.
Mitchell Proner’s expertise becomes particularly valuable when dealing with insurance company tactics designed to minimize payouts. His track record includes securing millions of dollars in settlements and verdicts for accident victims throughout New York, often in cases where insurance companies initially offered inadequate compensation.
As a nationally recognized personal injury attorney and lifetime member of the Multi-Million Dollar Advocates Forum, Mitchell Proner brings unique advantages to every case:
- Comprehensive Case Evaluation: The Proner & Proner team thoroughly analyzes each case to identify all available sources of compensation, including no-fault benefits, liability coverage, and potential third-party claims.
- Insurance Company Negotiations: With decades of experience dealing with insurance adjusters, Mitchell Proner knows their tactics and how to counter them effectively.
- Medical Documentation: Proper documentation of the serious injury threshold often determines whether clients can pursue additional compensation beyond no-fault benefits.
- Trial Experience: When insurance companies refuse fair settlements, Mitchell Proner’s willingness and ability to take cases to trial often motivates better offers.
Essential Steps After Any Car Accident in New York
Taking the right actions immediately after a car accident in New York can protect your health, your legal rights, and your financial recovery:
- Seek Immediate Medical Attention: Even if injuries seem minor, quick medical evaluation creates important documentation and ensures you meet the 30-day treatment requirement for no-fault benefits.
- Document Everything: Take photographs of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses and other drivers involved.
- Report the Accident: Contact law enforcement. The police report might be essential for your claim.
- Contact an Experienced Attorney: Before giving recorded statements to insurance companies, consult with a personal injury lawyer like Mitchell Proner, who understands New York’s no-fault system. Call us 24/7 at 1-800 321 1234.
- Follow Medical Instructions: Continue all prescribed treatment and keep detailed records of medical expenses and time missed from work.
Why Professional Legal Help Matters
While no-fault insurance was designed to simplify the claims process, the reality is that securing fair compensation often requires navigating complex legal and medical issues. Insurance companies employ teams of lawyers and adjusters whose primary goal is minimizing payouts.
Having an experienced attorney like Mitchell Proner on your side levels the playing field. His understanding of New York’s no-fault system, combined with his proven ability to identify and pursue all available sources of compensation, often results in significantly higher recoveries for his clients.
Consider that many clients who initially tried to handle their own no-fault claims later came to Proner & Proner and ultimately received settlements many times larger than originally offered by insurance companies. It is not that easy.
60 Years Protecting Your Rights
If you’ve been injured in a car accident in Manhattan, Brooklyn, Queens, The Bronx or any other place of New York, understanding your rights under the no-fault system is just the beginning. The difference between adequate compensation and maximum recovery often comes down to having experienced legal representation that knows how to navigate the system’s complexities. Let Proner & Proner be with you.
Don’t let insurance companies dictate the value of your case based on their financial interests rather than your actual damages. Contact Proner & Proner today for a comprehensive evaluation of your case. With Mitchell Proner’s expertise and unwavering commitment to accident victims, you can trust that your case will receive the attention and aggressive representation needed to secure every dollar you deserve under New York law.
We return our clients’ phone calls. We are available 24/7, 365 days a year. I give out my personal cell phone number to all my clients, and I tell them they can feel free to contact me at any time. That’s what makes us different.
