Brooklyn No Fault Car Accident Attorney

No Fault Insurance Explained

Several states have enacted what are known as “no fault” automobile insurance laws. New York is one of them. In states without no-fault insurance, when an accident happens it is up to the insurance companies and their lawyers to determine who is at fault (and thus who is required to pay a claim for damage or injury). Your insurance company will rarely, if ever, pay you for your expenses if it is determined that you were at fault in an accident. When a state has opted to implement a no-fault insurance system, however, your insurance company is required to pay you for some or all of your medical bills and lost earnings due to a car accident, without consideration of who was at fault in the accident.

While no-fault insurance can simplify parts of the insurance claim process, the regulations can also be difficult to understand. There are many ins and outs to no-fault coverage in New York, but all consumers should know a few basic facts. Without adding extra coverage (which most drivers wave) no-fault insurance will typically pay out only up to $50,000 worth of legitimate damages and losses.

Expenses eligible for reimbursement include all medical expenses related to the accident (ambulance and hospital costs, diagnostic and prescription expenses, doctor visit bills, physical therapist visits, etc.). Lost wages due to the accident will be covered, at least in part. But pain and suffering compensation is not included, although such claims can be made separately (outside the no-fault process).

There is nothing to stop you from initiating and pursuing a no-fault claim on your own, but because no-fault regulations are complicated and change frequently, retaining a lawyer to help with your claim can be very useful and is often recommended. Whether or not you take advantage of professional help, here are a few other important things you should know about no-fault claims:

– You have only 30 days from the time of the accident to make a claim (45 days for medical bills and 90 days for lost wages)

– Any claim above $50,000 may require an additional filing

– Claims under $2,000 can be resolved at the discretion of the arbiter

– The maximum reimbursement for lost wages is 80%, up to $2,000 per month

– Pain and suffering claims will not be paid by no fault coverage, but damages for pain and suffering can be claimed in a separate suit against the responsible driver

How Can A Brooklyn No Fault Insurance Attorney Help?

If you have a need to pursue a no-fault car accident claim, consider your options. Your best bet might be to team with a law firm that understands these kinds of cases. Call Kuharski, Levitz, & Giovinazzo to discuss your case today.