No-Fault Insurance Law & Benefits Attorney

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

Compensation For Insured Drivers, Passengers And Pedestrians

In the state of New York, driver insurance policies include a provision that automatically awards compensation for damages and injuries suffered in a car accident without assigning negligence. This is known as no-fault insurance. The purpose of no-fault insurance law is to resolve accidents quickly and get insured drivers the compensation they need for their damages and injuries.

No-fault insurance benefits cover several parties, including:

  • The insured driver
  • Members of the insured’s household
  • Owners/operators/occupants of the insured driver’s vehicle
  • Injured pedestrians

To receive no-fault insurance benefits, also known as “first-party benefits," you must be covered by your own policy, the vehicle’s policy or a family policy. If you have purchased auto insurance in New York, your insurance policy should automatically contain a no-fault insurance provision. If you are unsure how your insurance policy will affect you, contact Jaroslawicz & Jaros immediately!

Consult Experienced Personal Injury Attorneys

We understand that no-fault insurance law can be confusing. You may be wondering whether you are eligible for no-fault benefits in your situation. Because there are certain exclusions to compensation entitlements for no-fault insurance, it is important to consult an experienced personal injury lawyer for advice.

Since 1980, our firm has succeeded in obtaining many multi-million dollar verdicts and settlements for clients in complex personal injury cases. In fact, we have recovered more than $2 billion on behalf of our clients. Whether you need help understanding the no-fault law or plan on filing a claim, consult with Jaroslawicz & Jaros.

Our legal team has more than 300 years of combined experience. Call us today!

Am I Eligible To Receive No-Fault Benefits?

If you carry a New York driver insurance policy, you are covered by no-fault benefits in car accidents where you were a driver, passenger or pedestrian. However, there are a few special circumstances where you may not receive no-fault benefits. This includes situations where you were drunk or under the influence of drugs during the accident.

The exclusions to no-fault insurance coverage in Insurance Law § 5103 include the following:

  • Intentional acts that cause injury
  • Under the influence of alcohol and/or drugs
  • Committing a felony or attempting to avoid arrest
  • During a race or speed test
  • In a vehicle that is known to be stolen

No-fault benefits compensate “basic economic loss," which is a maximum of $50,000 per person. This compensation includes medical costs, loss of earnings and other expenses that arise as a result of the accident. In situations where this cannot cover for the damages and injuries you suffered, speak with a personal injury attorney about taking action in a claim.

What If The Other Driver Is Uninsured?

You may receive no-fault benefits as long as you are covered by your own insurance or someone else’s policy, such as a member of your household. Even if the other driver in an accident is uninsured, no-fault insurance may still cover the costs of your injuries. In some cases, uninsured pedestrians may still be able to collect no-fault benefits if the driver is insured. Consult a New York City injury lawyer to get a clear understanding of your eligibility and how the law comes into play with situations involving uninsured drivers and pedestrians.

Filing Claims For Serious Injuries

When no-fault insurance benefits do not cover the damages and expenses you suffer in a car accident, you may still file a claim against another driver. This is useful when you have suffered serious injuries or damages that no-fault insurance benefits cannot fully cover. In these situations, no-fault benefits are not enough — you may need to make a claim with the driver’s insurance company, or you may need to file a lawsuit against the driver. Ensure that your rights are protected through the process.

Schedule a free case consultation with the personal injury lawyers at Jaroslawicz & Jaros! Call 212.227.2780 today.

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

Picture of Abraham Jaros

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.

Get the help you deserve

Contact us today and start your free consultation. You can also text or call Abraham Jaros directly at 917.842.9544 or email him at

Background picture of a courtroom

Helpful Videos

Awards & Recognitions

Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image
Badge Image