How the New York No Fault Law Impacts Your Car Accident Case

Written by
Abraham Jaros
Updated on Monday, Oct 23, 2023

Most New York car accident cases don’t turn into personal injury lawsuits. That’s because New York is a “no-fault" state. This means that for most accidents, the issue of fault never comes up at all.

Instead, your insurance company covers your losses, and the other driver’s insurance company covers theirs. Those losses include property damage, medical bills, lost wages, and other expenses arising from the accident. You each have thirty days to file your claim, though we never recommend waiting. If you were a passenger in that car or a pedestrian hit by that car you can file with the insurance company covering the vehicle you were riding in or the vehicle that hit you.

This keeps New York state insurance rates low, but that doesn’t mean there aren’t some claims that don’t turn into lawsuits.

Who Can Sue For a Car Accident in New York?

You can sue for damages exceeding a no-fault policy. These are accidents that resulted in death, dismemberment, disfigurement, loss of a fetus, permanent loss of a body organ or function of a bodily system, bone fractures, or an accident resulting in total disability for 90 days or more. This gives you the right to sue for any money your insurance policy won’t pay due to policy limits, as well as for your pain and suffering. Your policy automatically has to provide at least $50,000 of no-fault benefits.

If this describes your accident then you should contact our office right away. The earlier you involve a NYC car accident attorney the more likely you are to win your lawsuit. Rest assured the other driver’s insurance company is going to respond by trying to state that the accident was your fault, and will fight to avoid having to pay you even a single dime.

Uninsured Drivers

What happens if you get into an accident with an uninsured driver? Well, your policy pays you and they’re out of luck.

If you were a pedestrian or a cyclist hit by an uninsured vehicle you can seek compensation with the New York State Motor Vehicle Accident Indemnification Corporation.

Get Help Today

If you’ve been injured in a car accident that’s serious enough to meet New York’s no-fault threshold then reach out to our law office today. We’ve recovered over $1 billion for our clients, and we can help you recover compensation for your injuries, as well.

Get the advice and guidance you and your family need

You do not have to go through this alone.

At Jaroslawicz & Jaros, we have over 40 years of experience helping accident victims in New York recover compensation. The clients we represent benefit from the personal attention of our knowledgeable and experienced attorneys.

We Have Recovered Over $2 Billion for Our Clients.

The attorneys at Jaroslawicz & Jaros have obtained verdicts and settlements of over $1 Million for hundreds of our individual clients. Since all New York personal injury law firms generally charge the same legal fee why not hire an experienced law firm with a proven track record?

When you retain the New York City accident lawyers at Jaroslawicz & Jaros, you will always work directly with your lawyer, and not with a paralegal or secretary. We will always be available to you! Our hundreds of positive client reviews and testimonials speak for themselves.

Experience and a track record of results

Contact the attorneys at Jaroslawicz & Jaros for a free legal consultation regarding your rights and your legal options. If we agree to handle your case, we will work on a contingency fee basis so that you don’t have to worry about any upfront costs.

Contact us today for a free consultation

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You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.