In New York, all drivers are required to carry no-fault insurance.

This means that if you are in a car accident, your own insurance company is required to pay for your medical expenses, regardless of who was at fault.  Medical expenses can not be claimed against the other driver, unless they exceed $50,000.

If you are injured in a car accident, you may need to consult a Long Island car accident lawyer. A lawyer can help you understand New York’s no-fault insurance laws and help you pursue compensation from the other driver’s insurance company.

Contact Carner & DeVita at 631) 380-4417.

At Fault vs. No-Fault State

When it comes to car accidents, there are two types of states: “at-fault” states and “no-fault” states.

An at fault state is a where the driver who caused the accident is responsible for medical bills of those injured in the car crash.

A no-fault state is a state where your own insurance policy usually is responsible for covering medical expenses, regardless of who caused the accident.

New York is a No-Fault State

In New York, we are a no-fault state. Your auto insurance policy is required to cover your medical expenses, even if another driver caused the accident.

If you were hurt in a car accident that wasn’t your fault, don’t rely on your insurance carrier to protect you. If your damages include serious injuries, you are entitled to be compensated, so call Carner & DeVita.

Who pays after a no-fault accident?

After a car accident in a no-fault state, who pays for the damages?

If you are injured in a car accident in New York, you should contact your insurance company as soon as possible.  They will give you a claim number for submitting medical bills and other expenses.  Also, there are strict time limits for submitting a No Fault Application.

If you have any additional questions about New York’s no-fault insurance laws, please contact our Long Island car accident attorneys.

What is a serious injury under New York’s no-fault laws?

In New York, a serious injury is defined in several ways, including an injury that results in death, dismemberment disfigurement, fracture, loss of use of a body part, or permanent impairment. These are not the only injuries that qualify as “serious injuries,” so it is best to consult with our Long Island car accident attorneys to see if your injury qualifies for recovery of money damages against the at-fault driver.

If you are injured in a car accident and meet the serious injury requirements, you may be able to file a personal injury lawsuit against the other driver.

How to File a No Fault Claim

To file a no-fault claim, you will need to provide your insurance company with the following information within 30 days of the accident:

  • A completed NF-2 form (Application for No Fault Benefits)
  • Your name and contact information
  • The date and time of the accident
  • The location of the accident
  • A brief description of the accident

It is best to seek the help of our Long Island car accident attorneys in filing the required form, but if you do so on your own, be sure to keep a copy of your no-fault claim form and proof of mailing.

Statute of Limitations in New York

In New York, the statute of limitations for a personal injury lawsuit is generally three years. This means that you have three years from the date of the accident to file a lawsuit against the other driver.

It is important to note that the statute of limitations may be different in other states. If you are injured in a car accident in another state, contact a car accident lawyer to find out what the statute of limitations is in that state.

You need to file a lawsuit within the statute of limitations or you will lose your right to sue.

What to Do After a Car Accident

After a car accident, you should take the following steps:

  • Move your car to a safe location, if possible
  • Check on the other drivers and passengers involved in the accident
  • Call 911 to report any vehicle damage or injuries
  • Notify your insurance company
  • Get medical attention, if necessary
  • Contact a car accident lawyer, if necessary

If you have any questions about New York’s no-fault insurance laws, please contact our car accident attorneys.

Getting Assistance After a Car Accident in New York

A lawyer can help you understand your rights under New York’s no-fault insurance laws, and can help you pursue compensation from the other driver’s insurance company.

If you have any questions about New York’s no-fault insurance laws, please contact our car accident attorneys at Carner & DeVita.

Our experienced attorneys will help you every step of the way and will make sure you receive the compensation you deserve.