No-Fault Insurance in New York

New York is a “No-Fault” state, which means that all motor vehicles are required to have a specific type of insurance to pay for the medical bills (such as: ambulance, hospital, X-rays/MRIs, surgeries, physical/occupational therapy) and loss of wages of its occupants regardless of who is at fault for the accident. Those injured in the vehicle do not have to prove anyone was negligent to receive No-Fault insurance benefits.

“No-Fault” Insurance can Cover Some but not Always all Damages

New York state law outlines that the vehicle’s driver, passenger(s), as well as pedestrians and cyclists hit by the vehicle all receive the benefit of the vehicle’s No-Fault insurance coverage.

Oftentimes, however, a car accident can result in more serious injuries that would fall beyond No Fault limits that easily exceed No-Fault coverages.

Contact Kammholz Law to schedule a free consultation to ensure you get the compensation you need and deserve.

Motorcycles and Motorcyclists are not Covered by No-Fault Insurance

If you were on a motorcycle as a driver or passenger, No-Fault insurance does not apply as it is specifically excluded from coverage. You will need to use your private health/medical insurance to cover your bills and sue the at-fault party for compensation of injuries or damages to recover those costs.
We can help you determine the best possible course of action to recover those costs.

How do I File a No-Fault Insurance Claim After an Accident?

Reporting any accident immediately to your automobile insurance company is the critical first step. If you are a pedestrian or cyclist hit by a vehicle, you must report the accident to the vehicle’s insurance company that injured you. If you have the Police Accident report from the accident, there is a box with “Ins. Code” listed. The officer will list a three digit code in it to identify who the insurance company for the vehicle is.

There is a specific process that must be followed to file a claim or No-Fault coverage could be denied. Submitting a completed No-Fault application (or Form NF-2) within 30 days of the accident is required or the No-Fault coverage could be denied. Keep a copy of the completed No-Fault application you submit.

After your application is submitted, the insurance carrier will provide you with a No-Fault claim number. Always be sure to provide any doctor or health care provider with your No-Fault insurance claim number so it can be billed (paid for) correctly. Think of this claim number as your private health insurance ID number for billing purposes.

Even if you have private health insurance (including Medicare and/or Medicaid), they should not be billed. No-Fault insurance must pay first unless it has been exhausted or cut off.

Kammholz Law can help you determine the best possible course of action with your claim. Contact us to schedule a free consultation. We look forward to speaking with you soon.

Make Sure You Check Your No-Fault Limits! Here’s Where Your Limits are Listed?

Your automobile insurance company should send you a Declaration page or “DEC” sheet with your insurance policy information (and typically a bill) at least once a year.

On your Declaration page, there will be a section typically called “Personal Injury Protection” that lists the type of coverage you have and whether you have more than the State required minimum.

The minimum amount of No-Fault insurance coverage required by New York State law is $50,000 to cover both medical expenses and lost wages.

The amount of coverage you have will be listed as “Basic PIP” or “Mandatory PIP” on your insurance policy’s Declaration page.

You can (and should) opt for more than $50,000 to protect you and your family. Medical bills after a car accident will begin to pile up quickly. Lost income resulting from your inability to work could seriously impact your finances. The amount of No-Fault insurance coverage you have covers both of these costs, which can add up quickly.

At Kammholz Law, we can help you determine the best possible course of action to recover those costs.

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