If you sustained a serious injury in a car accident in New York, you need to know about New York's no-fault insurance system. This system affects how, when, and with whom you need to file an insurance claim to receive compensation for the injuries you received. Below, learn the most important things you should know about the no-fault system.

The No-Fault System Requires You to Submit a Claim With Your Own Insurance Company

Most states are either no-fault or at-fault insurance states for car accidents.

In no-fault insurance states, you turn to the insurance company of the car you were in to cover the damages you sustained in an auto accident, regardless of who was at fault for the accident. If you were a pedestrian or on a bicycle, you submit your claim with the insurance company of the car that hit you.

In at-fault insurance states, the at-fault party is responsible for the damages they caused through their negligence, so you submit a claim with the at-fault party's insurance company to pursue compensation.

New York is a no-fault insurance state. The insurance law requires you to turn first to your own auto insurance to cover your damages. In a no-fault state like New York, if your claim meets a certain threshold, you can pursue compensation from the at-fault party.

The Types of Damages You Can Claim Are Limited

The types of damages that you can claim against your own no-fault insurance company are often limited to $50,000 unless you have purchased additional insurance. These basic damages may include:

• Medical expenses: You can receive compensation for hospital bills, ambulance costs, surgery expenses, prescription drugs, psychiatric care, physical therapy, occupational therapy, and rehabilitation expenses reasonably necessary to treat injuries you sustained in the accident.
• Lost wages: You can also recover compensation for the wages you lost because you were injured, up to $2,000 per month and up to three years following your accident.
• Other expenses: New York's insurance law also allows you to receive compensation for other reasonable and necessary expenses you incur because of the accident, up to $25 per day for up to one year from the date of the accident.

Notably, you are not entitled to receive any compensation for pain and suffering or other non-economic losses you incur because of the accident from your no-fault insurance carrier.

You Have a Limited Amount of Time to Make a Claim

If you need to make a no-fault claim with your own insurance company, you have a very limited amount of time to act. You have up to 30 days following the accident to make your claim. If you pass this deadline, your claim can be denied for failing to promptly notify.

You May Still Be Able to File a Claim Against the At-Fault Injury

New York's Insurance Law allows you to file a claim against the at-fault injury if you sustain a serious injury as defined by New York law. The law is very specific about what is considered a serious injury.

An experienced Montgomery, New York, personal injury attorney can analyze your claim and determine if it is eligible for a third-party claim.

The No-Fault Rule Does Not Apply to Motorcycle Accidents

If you were a driver or passenger of a motorcycle, the no-fault rule does not apply to your claim, and you can make a third-party claim against the at-fault party for your basic damages as well as your pain and suffering.

An Experienced New York Personal Injury Attorney Can Help

If you were injured in a car accident, an auto accident attorney such as Joe Owen of the Owen Law Firm conveniently located near Montgomery, New York ,can help. We have a proven track record of obtaining the maximum recoveries for our clients. Our experienced personal injury lawyers can explain New York's no-fault insurance law in more detail and ensure that you understand your rights and legal options. Contact us for a free case review to learn more.