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 $1 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.
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