Quick Summary: NY No-Fault Insurance Benefits ($50,000 Cap)

Under Article 51 of the New York Insurance Law (No-Fault Law), personal injury protection (PIP) provides up to $50,000 per person in basic economic loss, regardless of who caused the accident.

  • Medical Expenses: Necessary doctor visits, hospital bills, surgeries, physical therapy, and prescription drugs.
  • Lost Wages: 80% of lost earnings from work, capped at a maximum of $2,000 per month for up to 3 years.
  • Other Reasonable Expenses: Up to $25 per day for essential household services and travel expenses to medical appointments.
  • 30-Day Deadline: You must file an official NF-2 application within 30 days of the accident date.

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How New York No-Fault Insurance Works After a Crash

New York’s No-Fault system was designed to ensure that anyone injured in an auto accident receives prompt medical treatment and wage reimbursement without waiting for long liability disputes to settle. No-Fault covers drivers, passengers, pedestrians, and cyclists struck by a motor vehicle.

However, strict filing rules and tight deadlines apply. Missing the 30-day NF-2 application deadline can result in the insurance carrier denying all medical claims and lost wage benefits.

Bypassing No-Fault to Sue for Pain and Suffering

No-Fault insurance does not compensate accident victims for pain and suffering or emotional distress. To file a personal injury lawsuit against the fault driver for full compensation, your injuries must meet the New York “Serious Injury Threshold” under NY Insurance Law § 5102(d):

  • Significant disfigurement or bone fractures.
  • Permanent loss or consequential limitation of a body organ or member.
  • A medically determined injury that prevents you from performing substantially all daily activities for at least 90 out of the first 180 days following the crash.

Filing No-Fault paperwork correctly and pursuing additional compensation requires aggressive legal support. If you were injured in a auto accident, speak with an experienced Staten Island car accident lawyer at Minchew & Santner, LLP to ensure you receive every dollar you are owed.

Questions About Your NY No-Fault Claim?

Contact Minchew & Santner, LLP today for a free, confidential consultation.

Call (718) 727-7700 or visit our Contact Us Page to schedule a meeting.