In New York, Does Your Car Insurance Cover Bills from an Accident?
New York is one of a few no-fault insurance states, and this can be confusing. No-fault insurance covers your financial losses regardless of who is at fault for the accident in question. Every motorist in New York is required to carry a minimum of $50,000 in no-fault coverage for this very reason. Further, no-fault insurance follows the car – not the individual. This means that if you are injured as a passenger in someone else’s vehicle, the driver’s no-fault insurance will cover you. If you’ve been injured by another driver’s negligence, however, it remains in your best interest to consult with an experienced Brooklyn car accident attorney.
Your No-Fault Coverage
If you’ve been injured in a car accident – regardless of who is at fault – your no-fault insurance coverage will kick in for your financial losses, including your medical bills and lost earnings – at specific percentages that do not reach 100 percent. In such an instance, your medical bills will process through your no-fault coverage and not through your health insurance. If your medical bills exceed your no-fault limits, however, your health insurance may kick in.
The Limitations of No-Fault Coverage
The no-fault insurance approach is intended to help injured parties obtain the financial compensation they are entitled to when they need it, but it also has drawbacks. A serious injury can lead to debilitating pain and suffering that no-fault coverage does not address. Additionally, no-fault coverage has maximum amounts in place that don’t begin to cover the damages associated with more serious accidents.
Bypassing No-Fault Coverage
In those instances in which the injured party sustains what the State of New York deems serious injuries, claimants are allowed to bypass no-fault insurance and file a claim with the at-fault driver’s insurance company. All of the following reach the state’s threshold for serious injuries:
- A bodily system or function that suffers significant limitations
- Permanent loss of an organ or body member
- The loss of a fetus
- Significant disfigurement, such as from a serious cut or burn on or near the face
- Any non-permanent injury that, nevertheless, prevents the claimant from performing his usual daily responsibilities and routines for at least 90 days of the 180 days that immediately follow the injury-causing accident
Wrongful death claims also bypass the no-fault threshold. Further, while the list of injuries that qualify as serious is somewhat specific, not all serious injuries can be so easily categorized, which is why consulting with a skilled Brooklyn car accident attorney is always a good idea.
Reach out to an Experienced Brooklyn Accident Lawyer Today
The established accident attorneys at Lipsig, Shapey, Manus & Moverman in Brooklyn have considerable experience successfully guiding claims like yours toward outcomes that protect our clients’ rights and that support their best interests (now and into the future). We’re here for you, too, so please don’t wait to contact or call us at 917-268-2985 for more information about how we can help today.