New York No-Fault Insurance 101
If you’re in a car accident, you may be entitled to no-fault auto insurance benefits. New York’s insurance law can have a major impact on your case, and knowing what to expect before you file can help you get the settlement you’re due.
Unsure how to handle no-fault insurance? Here’s what you need to know in the aftermath of a car accident.
New York No-Fault Insurance Defined
New York no-fault insurance, also known as personal injury protection (PIP) covers your injuries in case of an accident. The difference between this coverage and coverage in fault states is that you’re covered no matter who’s at fault in the accident.
In other words, if you’re involved in a car crash and someone else causes it, you don’t have to go through the hassle of suing or fighting with that person over who is at fault. Your auto insurer will instead pay out all necessary claims for medical bills and lost wages.
If you’re not severely injured, or if you’re concerned about proving you were completely not at fault for the accident, no-fault insurance is key. Your coverage can help you avoid a lengthy case in court and get the help you need.
The Serious Injury Threshold
Let’s say you’ve been in a motor vehicle accident and have disabling injuries that prevent you from working. Under New York’s no-fault insurance law, whether you can move forward with a personal injury claim is dependent on meeting the serious injury threshold.
The serious injury threshold is the limit of coverage your no-fault insurance offers. If you exceed this amount, you’ll need to file a lawsuit for your economic and non-economic damages. Here are just a few of the injuries and losses that may warrant a lawsuit:
- More than $50,000 combined medical bills and lost wages
How to Prove Your Injuries Are Serious
When you’re seriously injured in an accident, proving your injuries are serious is key. Unfortunately, the defense will do everything they can to show you don’t meet the threshold. Here are some key tools your lawyer can use to prove you’re due compensation.
- The 90/180 Rule – This rule is used to assess injury severity. The idea behind this test is that if someone cannot work or perform basic activities for 90 days out of 180, then they should be allowed to seek compensation for their injuries.
- Medical Tests – Medical reports can be used to show the extent of your injuries and how they may affect your life going forward, but they must be well-documented.
- Expert Testimony – Expert testimony from a medical professional can be immensely helpful for you. However, the at-fault driver’s defense lawyer may also call in expert witnesses to cast doubt on whether or not your injuries were truly caused by the accident.
Seek Out Experienced Legal Representation
No-fault insurance has its pros and cons. After minor accidents, it can provide quick relief for you and your family. If an accident leaves you seriously injured, however, you may face an uphill battle.
Fortunately, that’s not a battle you have to fight alone. Greenstein & Milbauer, LLP will seek the funds you’re due for a full recovery, so you can focus on your health and family. Start with a free consultation by calling 1-800-VICTIM2 (842-8462) or contacting us through our online contact form.