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If you’ve been in a car accident in New York City, you might be surprised to learn that your ability to sue the at-fault driver is limited. That’s because New York follows a no-fault insurance system. It sounds simple, but no fault doesn’t mean no responsibility. It just means the first place you turn for compensation isn’t the other driver’s insurance. It’s your own.

What No-Fault Insurance Covers, and What It Doesn’t

In New York, no-fault insurance (also called Personal Injury Protection or PIP) pays for basic expenses after a crash, regardless of who caused it. That includes:

• Medical bills up to $50,000
• Lost wages (up to 80% of your income, with a monthly cap)
• Transportation to and from medical appointments
• Some out-of-pocket expenses

This coverage kicks in quickly and helps you avoid delays while the fault is being sorted out. But no-fault coverage is limited. It doesn’t cover pain and suffering, emotional distress, or losses beyond the PIP cap. And if you were seriously injured, no-fault may not come close to covering the actual cost of your recovery.

To bring a personal injury lawsuit outside of the no-fault system, you must meet New York’s “serious injury” threshold. That could mean:

• Significant disfigurement
• Bone fracture
• Permanent loss of use of a body organ, member, or system
• Substantial disability lasting at least 90 days in the 180 days following the accident

Meeting this threshold is the key to being able to sue for pain and suffering or other damages.

What You Should Do After a Car Accident in NYC

No-fault insurance has strict deadlines and documentation requirements. You must file a claim with your insurance company within 30 days of the accident. You’ll also need to submit medical bills and wage verification forms promptly. Any delay can lead to denied benefits.

If your injuries are severe, it’s important to document them early and thoroughly. Medical records, photos, accident reports, and witness statements all play a role in determining whether your case meets the threshold to step outside the no-fault system.

Working with a personal injury attorney can help you understand whether your case qualifies and what options you have to recover the full compensation you deserve.

Call Silberstein & Miklos to Learn Your Options

If you’ve been injured in a New York City car accident, you may be entitled to more than just no-fault coverage. At Silberstein & Miklos, we take the time to understand your case and help you get the maximum compensation available under the law. Whether you need help filing a no-fault claim or pursuing a lawsuit for serious injuries, our team is ready to fight for you. Contact us today for a free consultation.