Breaking Down New York’s No-Fault Insurance

Regarding personal injury claims that arise from car accidents, it is essential to understand that New York is a “no-fault” state. Our reasoning behind why we feel compelled to explain it is because it affects your rights and options when you are injured. To take it one step further, there may be cases where the other driver doesn’t have insurance. With these two issues in mind, let’s go over two different aspects of auto insurance: no-fault coverage and uninsured motorist coverage. 

No-Fault Auto Insurance 

If you have read our blog before or are aware of the types of cases we take on, you will know that when someone is involved in a car accident, they may face secondary financial challenges. These can stem from the costs of medical bills, loss of wages, and several other considerations we have discussed at length. The no-fault insurance system is designed to allow you to be compensated for these losses. 

For example, when you are injured in an accident, regardless of who caused it or why, you will typically turn to your own insurance provider. Depending on the policy you opted into, they will likely cover your medical expenses and other costs from the accident. It may even cover your expenses for transportation to and from your medical appointment. (Take note that this is not always the case, and if your insurance provider is acting in bad faith, you should immediately contact a personal injury attorney to help you get the compensation you need.)

Although we will elaborate on this more in the next section, there is typically a limit to this type of insurance coverage. If your policy only covers up to $50,000 per person, you must consider what you should do to claim the compensation you are entitled to. In addition to prompt notifying your insurance company about the accident and any subsequent injuries, you should also speak with a personal injury attorney to protect your rights. Our number is always 1-877-ASK4SAM. 

Uninsured Motorist Coverage & Legal Counsel

If you are ever involved in an accident with an uninsured driver, uninsured motorist coverage could be an option for seeking compensation. This will protect you when the other driver, who caused the accident, doesn’t have an insurance company backing them up. In New York, this coverage is mandatory and is usually the same as your liability coverage limits. 

However, there will be instances when you can pursue legal action against the uninsured driver. Because they did not have insurance, which they were required to do, you may be able to seek compensation through their personal assets. These cases vary in complexity, and connecting with a personal injury attorney is important. There can be situations where the uninsured driver does not have enough assets to cover the cost of your damages. However, experienced personal injury attorneys have a range of legal methods to help you. For example, you may have grounds for punitive damages when a driver engages in egregious and reckless behavior.

You Have Rights & Options

After you have been in a car accident, the first step is to seek the medical help you need. If able, you can focus on preserving your claim and contacting a professional personal injury attorney. Our role is to learn about the specifics of your case and find the appropriate avenue for seeking compensation. If you have further questions about protecting yourself and getting the compensation you need after an injury, contact Silberstein & Miklos, P.C. to schedule your free consultation.