New York is a no-fault state – How does that affect your personal injury case?

By Luke Worli posted 04-12-2021 08:08 PM


No-fault is a type of car insurance that requires the driver to pay for some or all of the medical bills and lost earnings, no matter who is responsible for the accident. It’s mandatory in certain states, such as New York. New York is one of the many states that impose a no-fault coverage. This practically means that you can’t hold another person responsible for your injuries or losses if you’re involved in an at-fault accident. 

Your sources for recovery of damages are limited by the statutes, so it’s not possible to bring a lawsuit. In Louisiana, for instance, it’s a completely different story. Since it’s not a tort state, you can hold the other driver responsible for what happened. Reach out to a car accident attorney New Orleans and discuss your situation.

It’s possible to sue a negligent driver in New York if serious injury was sustained, you suffered significant disfigurement, you lost a fetus, you’ve become medically impaired, or the car accident resulted in death. Otherwise, there’s not much you can do. 

What insurance coverage should you carry in New York state?  

In the state of New York, you must carry personal protection insurance (PIP). This type of insurance covers various expenses, such as medical services, hospital expenses, psychiatric and rehabilitative costs, diagnostic services, and treatment according to the recognize religion. Additionally, it’s necessary to carry property damage liability insurance, which comes in handy because it helps cover the costs of repairs if you’re responsible for the collision. 

If you get involved in a car accident in a no-fault state, pursue a claim with the insurance company

Don’t waste any more time and file a complaint with your insurance company. The money should be enough to cover for the losses you’ve suffered, both physical and mental. When the no-fault benefits are consumed, you can apply for additional benefits. As mentioned earlier, it’s possible to sue the other driver for the incident if the injuries are serious enough. You have about a month to submit the claim, so make sure to notify the insurer the day after the accident. 

Suing for negligence in a no-fault state 

If you have your mind set on pursuing a claim against the other driver, hire a legal professional and initiate the claim. Negligence suits don’t generally take place in no-fault states such as New York, but that doesn’t mean that it’s impossible to be victorious. If you’ve sustained life-threatening injuries or the event changed the course of your life, don’t let the person go unpunished. You can collect non-economic damages and other types of compensation.  

Only an attorney fully comprehends the implications of the lawsuit and is capable of winning the personal injury case. They carefully explain recovery thresholds and convince insurance companies to do their bit. If you thought that personal injury and property damage are simple, you’re severely mistaken. In an ideal world, you would be offered a fair settlement right away. Unfortunately, you don’t live in a perfect world. Hire a car accident attorney and see what can be done.