New York is a “no-fault” state, which means that motor vehicle owners need to have both liability car insurance and something called “no-fault” insurance. Basically, what this means is that car owners must carry a special policy that will pay for medical treatment and some other accident-related injury costs for you and any passengers in your car when an accident happens, whether the accident was your fault or someone else’s. With no-fault insurance, a person injured in a car accident can seek immediate treatment, which will be paid for from this policy.
Does Using No Fault Mean I can’t make a injury claim?
No-fault insurance doesn’t pay for property damage to your car, if a vehicle you own is damaged in a car accident. No-fault is also designed to cover “non-serious” injuries. If your injuries are more serious than the “no-fault” threshold, you can still filed a claim (or lawsuit) against the driver of vehicles involved in an accident.
Some of the benefits of using a no-fault policy include:
- Faster treatment because you don’t have to wait for a decision in a lawsuit;
- Quicker settlement;
- Lower car insurance costs because of lower litigation costs to insurance companies.
- Fewer insurance claim headaches for injured drivers and passengers.
What is a Serious Injury?
Under New York’s No-fault law, someone has sustained a serious injury if they have:
- Sustained a fracture;
- Lost a pregnancy;
- Have permanent loss of use of an organ, limb or function;
- “Consequential” limitation of a system or function.
- The inability to perform substantially all of your usual activities of daily living for 90 of the first 180 days following an accident.
If your injuries fall into one of these categories, you likely have a serious injury, under New York car insurance laws and are eligible to file a lawsuit against a driver involved in a car accident. The best way to find out is to speak to the lawyers at Linden Law.
At Linden Law, we’ve handled thousands of motor vehicle accident cases and recovered millions of dollars for our clients. Let us help you find out if your injuries are serious enough to file a lawsuit.
Can I still use my medical coverage if I am in an accident?
Yes. It is likely that each policy covers different things. While your medical insurance will not cover economic losses, like lost wages, No-fault insurance does cover these things. No-fault insurance doesn’t require you to pay co-pays or deductibles, like medical insurance might, so using no-fault may save you money for your treatment. Treatment providers find that their claims are paid faster through No-fault, so you may have an easier time finding a doctor this way.
No-fault insurance companies will likely ask for proof of your injury and may deny coverage after a certain period of time. Having medical coverage when this happens may help you to continue treatment once no-fault coverage “runs out.”
What Does No-Fault Insurance Cover?
No-fault insurance covers the cost of your own injuries after a crash, even if the other driver was responsible for the accident. Following an accident, your no-fault insurance would pay for your medical bills, lost wages, and more, depending on where you live.
Have you been injured in a car accident? Linden Law has been consistently successful in helping their clients get the compensation they need to get well. Call us today and ask about your automobile accident case.