New York No Fault Law Applies To Car Accident Victims.
New York No Fault Law means that certain expenses are covered by the insurance of the car you are in when a car accident happens. If the car you were in, or the one that hit you as a pedestrian, does not have insurance but you or a family member in your household does, then that becomes the No-Fault insurance carrier. You are entitled to No-Fault benefits regardless of fault if you file a lawsuit.
New York Car Accident laws mandate that all auto insurance policies come standard with a No-Fault limit of $50,000 per person.
Important steps to follow:
in order to increase your chances that the insurance company will pay No-Fault benefits in the manner that the No-Fault law was designed:
- In order to qualify for No-Fault benefits, you must file a No-Fault Application (form NF-2) with the insurance carrier of the car you were in when the car accident took place. If you were a pedestrian, you should send the form to both the insurance carrier of the car that hit you and the insurance carrier of a car that you own (if you own a car). When you speak to your insurance company, ask for the form. They won’t always send it to you automatically because they know of the time constraints.
- There are serious time constraints, so, if you are in an accident, it is especially important not to delay filing the No-Fault Application. You have thirty (30) days from the date of the auto accident to file the form. Don’t put it off thinking that your injuries may get better or that your health insurance will cover the accident. First, filing the application does not obligate you to commence a claim. Second, most health insurance does not cover an injury resulting from a car accident. Filing the form simply protects your rights.
- Make sure that you send the form to the correct insurance company. Even if the accident was the other driver’s fault, the No-Fault Application gets sent to the insurance carrier for the car you were in.
- If you cannot determine the insurance company on time, you should, at a minimum, send a notice right away to the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC is a state run agency which steps into the shoes of the insurance company where there is no insurance.
- If you are claiming lost wages and out of pocket expenses, you will need to take additional steps to ensure payment of your claim. For lost wages, you must make sure that your employer sends in proof of your wages, disability, and loss of income within 90 days of the accident. Under No-Fault you are entitled to receive 80% of your accident-related lost earnings up to $2,000 a month paid over a maximum of three years.
New York Car Accident Lawyer of The Rybak Firm, PLLC., knows that understanding your rights following a car accident in a no-fault state can be confusing, and we are ready to help you if you have been involved in car accident involving any of the following:
- Driver Error
- Reckless Driving
- Speeding
- Hit and Run Accidents
- Drunk Driving Accident
- Pedestrian Accidents
- Truck accidents
- Whiplash
- Car Defect / Malfunction
- Highway Defect
Let our experienced New York Car Accident Lawyer handle all your legal concerns while you focus your time and energy on recovering from your car accident.
Contact Car Accident Lawyer of The Rybak Firm, PLLC For Help
Call (718) 307-5554 available 24/7 or complete our contact form to schedule a free consultation.
Car Accident Lawyer Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Accident Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Suite #7
Brooklyn, NY 11235
