How Does No-Fault Insurance Work in New York?
When a car accident happens, you may expect your New York auto insurance to help you. But actually getting the compensation your no-fault insurance policy promises isn’t easy.
To navigate your insurance claim and ensure you get the maximum compensation, you need to understand how no-fault insurance works. We’re here to walk you through the no-fault insurance claim process and help you get the car accident settlement you’re owed.
What Is No-Fault Insurance?
First, what makes no-fault insurance different from other types of insurance? The key difference is that, with no-fault insurance, your losses are covered regardless of who was at fault for the accident. Car accidents can be complex, and it can be difficult to determine who’s at fault in the aftermath. With no-fault insurance, fault shouldn’t matter.
This is different from fault insurance, which requires the at-fault party’s insurer to pay for the accident and resulting injuries. In states with fault insurance, you may have to prove you weren’t at fault to get compensated. New York’s no-fault insurance covers you for a minimum of $50,000 no matter who’s at fault.
The NY No-Fault Insurance Process
When you’re seriously injured in a car accident, the insurance claim process should be as simple as possible. You’ve got enough to deal with. Luckily, the no-fault insurance claim process can be relatively simple—especially with an attorney’s help.
First, you need to notify the insurance company that you’ve been in an accident. The sooner you act, the sooner the insurance adjuster can begin working on your claim. But stick to the basic facts when you speak with the insurer. Don’t discuss fault or any seemingly irrelevant details. Better yet, you can have them speak with your lawyer.
Once they’re notified of the accident, the insurance adjuster will review your case. That may include checking your medical records and interviewing you about your condition. Once they have a full picture of your condition, the adjuster will approve or deny your claim.
What if My Insurer Won’t Settle?
No-fault insurance is designed to protect motorists, but that doesn’t mean your policy will cover you no matter what. If you are struggling to get the insurer to work with you on your claim, it’s time to contact a lawyer.
An attorney can help you sort through complex insurance and personal injury issues. For example, your insurance company may not cover all the costs of your accident because you suffered a serious injury. The serious injury threshold is damages totaling more than $50,000 or any of the following injuries:
- Broken bones
- Loss of the use of a limb
- Traumatic brain injury
- Spinal cord injury
If you suffered any of these injuries, or if you lost a loved one in a car accident, you may have grounds for a lawsuit outside of the New York no-fault insurance system.
Call a Lawyer to Make No-Fault Insurance Work for You
Your NY no-fault insurance policy should cover the costs when you’ve been in a car accident. Sadly, most insurers will do almost anything to avoid paying you. And even if they do pay up, your policy may not cover the full extent of your injuries.
When you’re in such a dire situation, the lawyers at Greenstein & Milbauer, LLP can step in, starting with a free consultation. We have the tools to help you get the compensation you’re owed, whether that’s through negotiations with your insurance company or through a lawsuit. To get guidance on your claim, reach out by calling 1-800-VICTIM2 (842-8462) or by completing the online contact form below.