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What is No-Fault Insurance?
No-Fault, also known as Personal Injury Protection is available for you if you have been injured in a car accident.
Whether you caused the car accident, or are a passenger, you are eligible for compensation.
No-Fault Insurance can cover up to $50,000 per person, either the driver or all passengers for paying medical expenses, out-of-pocket expenses, lost time from work, and transportation to medical providers.
However, motorcyclists do not qualify to apply for No-Fault Insurance.
Bicyclists, as well, do not qualify to apply for No-Fault Insurance. However, if you are a bicyclist, the vehicle that hit you must pay for your No-Fault Insurance via their insurance provider.
To apply for No-Fault Insurance, all licensed vehicle operators in the state of New York must have auto insurance. The minimum coverage policies include[ii]
What Does Basic No-Fault Auto Insurance Cover?
Basic No-Fault insurance helps cover payments for those injured in a car accident.
- Pays for accident-related medical and rehabilitation expenses (accordance to established fee schedules)i.
- 80% of lost earnings from work, as well as a maximum payment of $2,000 per month up to three years from the date of the accident (statutory offsets may apply for New York State disability, Worker’s compensation and Federal Social Security disability benefits).
- Up to $25 a day, for up to one year from the date of the accident. This is to reimburse out-of-pocket expenses such as transportation to a medical provider, resulting from the auto accident.
- A $2,000 death benefit, as well as the $50,000 basic No-Fault maximum, to a person eligible for No-Fault benefits who was killed in the accident.i
Do All 50 States Have No-Fault Auto Insurance Coverage?
No! Not all fifty states have No-Fault Insurance, only eighteen (18) states do.
These states include:
- Arkansas, Delaware,
- Florida, Hawaii,
- Kansas, Kentucky,
- Maryland, Massachusetts
- Michigan, New Jersey
- New York, North Dakota
- Oregon, Pennsylvania
- Texas, Utah
- Washington
The other 32 States are considered the Tort States.
In the Tort States, the insurance company of the sole individual found at fault for the accident pays for all damages of the accident for themselves and others involved. ADD ENDNOTE.
How Do I Apply For No-Fault Auto Insurance?
If you or a loved one has been involved in a car accident, please seek immediate medical assistance.
If you are applying for No-Fault insurance fill out the No-Fault application (NF-2) no later than 30 days after your accident to qualify.[i]
Additionally, you should file your claim with your personal insurance company that the car, you were driving or were a passenger, or if you were a pedestrian that car that struck you.
However, if you do not know the vehicle that struck your or that vehicle is insured, you are eligible to file a claim under the insurer of a household family relative that has auto insurance.
If there is no auto policy in your household, you may file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).
Shalom Law, PLLC can help you receive No-Fault coverage!
If you have been involved in a car accident in New York and do not want to file the No-Fault claims yourself, Shalom Law, PLLC, can help you apply!
You will need an experienced Personal Injury Attorney on your side who knows how to best utilize your medical records to substantiate your claim for losses while also navigating around the evasive tactics of insurance companies. The attorneys at Shalom Law can do just that. We are prepared to fight hard for you to ensure your rights are protected, and you receive the maximum compensation you deserve. Call us today for a free consultation: (718) 917-9474.
