June 19, 2024

New York Is a No-Fault State, But What Does That Really Mean?

When you’re hurt in a car accident, you might be thinking about the stress and trouble that comes with getting compensation for your injuries. You’re hurt, and now you’re wondering whether you need to file a claim with your insurance company or against the other driver.

You may already know that New York is a no-fault state for insurance purposes, but what does that really mean? How much compensation should you receive as a resident of a no-fault state? Fortunately, being in a no-fault state means you may have more legal options for your claim.

Your Insurance Should Cover the Crash

Unlike fault states, New York has mandatory coverage for all drivers registered in the state that covers your expenses, no matter who was at fault for the wreck. Because of this, no parties have to deal with the complex legal process of filing an injury claim in court. Instead, you can file with your own insurance company to obtain the compensation you need.

A typical car accident might leave you with some injuries and expensive car repairs, which will need to be covered. However, getting that settlement should be simple. You’ll file a claim that states you were involved in a car accident. After that, the insurance company should investigate and determine what your damages are worth.

Once they’ve determined the details of your claim, they should send you a letter with a settlement offer for your suffering. No matter whether you were responsible for the accident, you should receive a settlement to help you recover.

No-Fault Insurance Has Limits

However, no-fault insurance won’t always cover the full extent your injuries. You might need to seek compensation in court if your injuries surpass a certain amount, known as the serious injury threshold. Although injuries less than $50,000 are typically covered, a serious injury such as the complete loss of use of a body part might require more funds than the insurance company’s policy limits can handle.

This threshold also gives you the chance to include all the non-economic damages you’ve suffered. For example, your traumatic brain injury may have already been financially costly, but your suffering doesn’t end there. You’ve also lost the ability to perform simple tasks as you once did, and you might be dealing with severe emotional trauma, too.

All of these non-financial losses should be compensated, as well, and a lawyer experienced in no-fault claims can help.

Get Your Full Compensation in NYC

New York’s status as a no-fault state can be helpful and efficient, but understanding how these laws can help or hurt you is crucial. A lawyer from Greenstein & Milbauer, LLP can help you pursue the type of claim that makes sense for your case, and then negotiate with the insurance company or fight for your compensation in court.

So, you might know that New York is a no-fault state, but what does that really mean? If you’re struggling to understand your no-fault insurance, or you believe that your injuries are severe enough to seek compensation outside of the no-fault insurance system, contact our attorneys for help. We have years of experience helping injury victims secure the compensation they deserve.

When you’re ready to begin, scheduling your no-obligation consultation is easy. Call 1-800-VICTIM2 (842-8462) or fill out the online form below.

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