No Fault Insurance in New York – How It Helps and How It Hurts Car Accident Victims

If you are injured in a motor vehicle accident in New York State, the No-Fault law governs your case. This law eliminates compensation for pain and suffering unless you have suffered a “serious injury.”

There are nine categories of serious injuries. Of course, the insurance companies demand proof of one of the categories of serious injury before they will pay money to an accident victim for bodily injury damages.

No-Fault law also provides that medical bills and a portion of lost earnings will be paid by the insurance regardless of whose fault caused the accident. Every automobile insurance policy in New York is required to provide these benefits. The victim receives medical and wage loss benefits without having to go to court to fight over who was negligent.

The rules are different for claims for pain and suffering. You must prove a driver’s fault and that you have a “serious injury.”

When you are injured in a motor vehicle accident in New York, it can be a very confusing process to deal with these legalistic procedures. Legal assistance is necessary to protect yourself. We at Tomkiel and Tomkiel are highly experienced accident lawyers who will help you to obtain full, fair and just compensation for your injuries.