Understanding No-Fault Insurance In Albany

After a motor vehicle accident in New York, you’ll quickly encounter the state’s no-fault insurance system. This complex set of rules determines how you receive compensation for lost wages and medical bills, regardless of who caused the crash. Many accident victims find themselves confused by coverage limits, no-fault insurance deadlines and exceptions that could affect their recovery.

At Smalline and Harri, we’ve helped Albany residents navigate these often complicated claims since 1994. Our no-fault auto insurance attorneys understand your frustrations when dealing with insurers. We provide clear guidance through this complex process while fighting for the maximum benefits you deserve under New York law.

Which Accidents Fall Under No-Fault Insurance Rules?

New York’s no-fault system applies to specific accidents while excluding others. Understanding which car accidents qualify helps determine your next steps after an injury. No-fault insurance typically covers:

• Car accidents involving passenger vehicles
• Pedestrians and bicyclists struck by motor vehicles
• Bus passengers injured in transit accidents
• Taxi and rideshare passengers

No-fault insurance exclusions exist in some vehicle-related accidents. Motorcycle accidents, for example, operate under different insurance requirements. This distinction significantly affects how you pursue compensation.

New York’s No-Fault Benefits Explained

The Empire State requires all drivers to carry at least $50,000 in Personal Injury Protection (PIP) coverage as part of their auto insurance. This coverage pays for specific expenses regardless of who caused the accident, eliminating the need to prove fault for basic benefits. Your no-fault benefits typically include:

• Medical expenses up to your policy limits
• 80% of lost wages up to $2,000 monthly for up to three years
• Reasonable household service expenses up to $25 daily
• $2,000 death benefit in addition to the above benefits

These no-fault coverage limits often fall short for serious injuries. When your damages exceed these amounts, you may need to explore additional options, like filing a liability claim against the at-fault driver, which our no-fault insurance lawyer can help you navigate.

Frequently Asked Questions

Here are answers to common questions about New York’s no-fault insurance system:

What Does No-Fault Auto Insurance Cover In New York?

No-fault medical coverage pays for necessary medical treatment, rehabilitation, medications and medical equipment. It also covers 80% of lost wages up to $2,000 monthly and reimburses essential household services and transportation to medical appointments.

However, it doesn’t cover vehicle damage, pain and suffering or the full amount of lost income, which requires separate claims when another driver is responsible.

How Long Do I Have To File A No-Fault Claim In Albany?

You must file your no-fault insurance claim within 30 days of your accident. This strict no-fault insurance deadline applies regardless of the severity of your injury. Missing this window often results in a no-fault claim denial, leaving you personally responsible for medical bills and lost wages.

We recommend contacting our firm immediately after an accident to ensure proper and timely filing of all required forms.

Can I Sue After A Car Accident With No-Fault Insurance In New York?

Yes, but only if your injuries meet New York’s “serious injury threshold” or your economic losses exceed your PIP benefits. The serious injury no-fault insurance threshold includes fractures, significant disfigurement, permanent limitation of body organs or members, significant limitation of body functions or systems or disabilities lasting at least 90 days within the first 180 days after the accident.

A knowledgeable PIP benefits attorney can help you pursue a liability claim against the at-fault driver for additional compensation when these conditions exist.

Contact Us For Help With Your No-Fault Insurance Claim

If you’re struggling with a no-fault insurance claim after an accident, our experienced team can guide you through the process and fight for fair compensation. Our lawyers can also represent you during no-fault insurance appeals in New York, including the arbitration process. We can also help you take action against bad faith insurance practices.

Call Smalline and Harri today at 518-704-4604 or complete our online form to schedule your free consultation.