At our firm, we understand that being involved in a car accident can leave you feeling overwhelmed and uncertain about your next steps. If you are here, you may be seeking answers and support, and we are ready to help. New York’s car accident laws, particularly its no-fault insurance system, can be confusing for those unfamiliar with how it works. Our compassionate team knows the challenges you are facing and can help you navigate this process. At Andrews, Bernstein & Maranto, PLLC we are here to explain how this system impacts your case and guide you toward a resolution that protects your rights and well-being.
Understanding No-Fault Insurance in New York
New York is one of the few states in the country with a no-fault insurance system. This means that after a car accident, your own insurance company pays for your medical expenses and lost wages, regardless of who caused the crash. This system was designed to ensure that accident victims receive compensation quickly without the need for lengthy litigation to determine fault.
While this may sound straightforward, it is essential to understand that no-fault insurance is not without its limitations. It only covers economic losses like medical bills and lost income up to a specific limit. It does not compensate for pain and suffering or other non-economic damages unless your injuries meet certain criteria known as the serious injury threshold.
What is Covered Under No-Fault Insurance
No-fault insurance typically provides coverage for medical expenses related to the accident, including hospital visits, rehabilitation, and necessary treatments. It may also cover a portion of your lost wages if your injuries prevent you from working. Additionally, reasonable transportation costs for medical appointments may be reimbursed under this system.
However, the coverage is capped, meaning it only goes up to a maximum amount determined by the state. In New York, the basic no-fault insurance policy provides up to fifty thousand dollars per person for economic losses. For many people, this amount may not be enough to cover the full extent of their losses, especially in severe accidents.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
The Serious Injury Threshold
To pursue additional compensation beyond the no-fault system, such as for pain and suffering, your injuries must meet New York’s serious injury threshold. This threshold includes specific conditions like fractures, significant disfigurement, permanent loss of a body organ or function, or injuries that substantially limit your daily activities for at least ninety days within one hundred eighty days following the accident.
Meeting this threshold allows you to file a lawsuit against the at-fault driver for non-economic damages. Proving that your injuries meet these criteria often requires substantial medical documentation and legal support, as insurance companies may dispute the severity of your injuries.
Challenges Accident Victims Face Under the No-Fault System
While the no-fault system aims to streamline compensation, it often creates additional hurdles for accident victims. Insurance companies may deny or delay valid claims, arguing that medical treatments are unnecessary or unrelated to the accident. They may also push back on wage reimbursement claims, requiring extensive proof of your inability to work.
If your medical bills exceed the no-fault coverage limits, you may face significant financial strain, especially if you are unable to work while recovering. These challenges can leave accident victims feeling helpless, unsure of how to move forward.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
How Legal Representation Can Make a Difference
Having an experienced car accident attorney by your side can make all the difference in navigating New York’s no-fault insurance system. A lawyer can ensure that your claims are properly submitted, deadlines are met, and disputes with insurance companies are addressed effectively. They can help gather and present the evidence needed to prove that your injuries meet the serious injury threshold, opening the door for additional compensation.
If your case involves pursuing a claim against the at-fault driver, legal representation becomes even more critical. Establishing fault and negotiating with the at-fault driver’s insurance company requires a thorough understanding of New York’s personal injury laws and the complexities of accident cases.
The Role of Documentation in Your Case
Proper documentation is crucial for a successful no-fault claim. This includes medical records, proof of lost wages, and any other evidence that demonstrates the extent of your injuries and financial losses. Without detailed records, insurance companies may use the lack of evidence to minimize or deny your claim.
Your attorney can help you gather and organize the necessary documentation, ensuring that your claim is presented in the strongest possible manner. They can also work with medical professionals and other experts to provide additional support for your case.
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Time Limits for Filing Claims
New York has strict deadlines for filing no-fault insurance claims and personal injury lawsuits. Typically, you must file a no-fault claim within thirty days of the accident to be eligible for benefits. If you fail to meet this deadline, your claim may be denied.
For personal injury lawsuits, the statute of limitations in New York is generally three years from the date of the accident. However, there are exceptions that can shorten or extend this time frame, depending on the circumstances of your case. Consulting with an attorney as soon as possible after your accident can help ensure that you meet all applicable deadlines.
The Importance of Prompt Action After a Car Accident
Taking swift action after a car accident is critical to protecting your rights and maximizing your compensation under New York’s no-fault system. Delaying medical attention can not only impact your health but also weaken your claim. Insurance companies often scrutinize gaps in treatment or delayed medical care, using them as reasons to deny or undervalue claims. Promptly reporting the accident to your insurance company and seeking legal guidance can help ensure your case is handled correctly from the beginning. The sooner you act, the stronger your position will be to pursue the benefits and compensation you are entitled to receive.
Verdicts & Settlements
Understanding When to Pursue Legal Action Beyond No-Fault Insurance
While the no-fault system is designed to expedite payments, it often falls short for those with serious injuries or significant financial losses. If your injuries meet the serious injury threshold, pursuing a personal injury claim against the at-fault party becomes an important option. This process involves proving fault, calculating the full extent of your damages, and negotiating with the at-fault driver’s insurance company. Taking this step may seem daunting, but it can result in compensation for pain and suffering, future medical expenses, and other losses not covered by no-fault insurance. Legal action ensures that those responsible for the accident are held accountable for their actions.
At Andrews, Bernstein & Maranto, PLLC, we understand the physical, emotional, and financial toll that a car accident can take on your life. Our team is dedicated to helping you navigate the complexities of New York’s no-fault insurance system and fight for the compensation you deserve. Whether you are filing a no-fault claim, pursuing a lawsuit against an at-fault driver, or facing challenges from insurance companies, we are here to provide the support and advocacy you need.
Contact us today to discuss your case and learn how we can help you achieve a successful outcome. We are committed to standing by your side every step of the way, so you can focus on healing and rebuilding your life.
