If you were injured in a car accident in a no-fault state, you have to file a claim with your own insurance company for certain damages. No-fault insurance will cover your immediate medical bills and income losses up to its limitations.
You do not have to figure out how to obtain appropriate compensation after a car accident caused by another driver’s negligence. A dedicated professional from our legal team will gladly explain what the term “a no-fault state” means when you reach out to us. They will also ensure you understand when you are entitled to compensation over the limits of no-fault coverage.
- The Advantages of No-Fault Insurance Coverage
- Potential Compensation From No-Fault Insurance
- Seek Medical Care After an Accident in a No-Fault State
- Get a No-Cost Review of Your Car Accident Case Now
The Advantages of No-Fault Insurance Coverage
No-fault insurance—also called personal injury protection (PIP)—is beneficial in many circumstances. For example, it relieves you of having to seek compensation from another party’s insurer for your most immediate needs. Additional benefits include:
- It allows you a faster way to recover damages than filing a lawsuit.
- It covers your damage without regard to fault.
- It covers a wide variety of expenses and losses.
The personal injury lawyer who represents you will seek all the benefits you are entitled to recover via no-fault coverage as well as from the at-fault party or parties who caused the accident that resulted in your physical injuries and financial damages.
The Disadvantages of No-Fault Insurance Coverage
Drivers in no-fault states might incur higher premiums. Another potential disadvantage of no-fault insurance is that it could prevent you from recovering certain types of damages. Only drivers, passengers, and pedestrians who meet their state’s serious injury threshold could be entitled to recover compensation for pain and suffering and other non-economic damages.
Recovering these damages and compensation for expenses that exceed PIP’s limitations is complicated but is most certainly not impossible. An experienced No-Fault accident lawyer will help you understand your legal options after an accident.
What You Need to Know About How Serious Injuries Are Defined
To recover compensation beyond what your PIP covers, you must prove you suffered injuries that qualify as serious in the eyes of the law. Injuries that meet the serious injury threshold include:
- Substantially disfiguring injuries
- Fractured or broken bones
- Permanent organ loss or limitation
- Permanent loss of a body part
- Substantial impairment of a body part
- Total disability lasting 90 days or longer
You could also qualify for economic damages if your injuries exceed the no-fault insurance maximum. The personal injury lawyer who handles your case will review your medical records to build your case.
For a free legal consultation, call 516-932-0400
Potential Compensation From No-Fault Insurance
One of the benefits of no-fault insurance is its ability to cover expenses and otherwise compensate you right away. It typically covers:
- Reasonable and necessary accident-related medical bills
- A portion of your lost wages for the time your injuries and recovery prevent you from working
- A death benefit to the estate of anyone who was fatally injured in the accident
No-fault insurance will cover these expenses for you, anyone driving your car with your approval, and any passengers. It will also cover these costs if you were a pedestrian or bicyclist. Of significant note is the fact that motorcyclists are not covered by No-Fault in New York State. Our lawyers are experienced in handling motorcycle accident cases and thoroughly familiar with the special considerations involved in handling such accident cases.
Filing a Third-Party Claim or Lawsuit
In some cases, you have the option to file a third-party claim or a personal injury lawsuit. This depends on how severe your injuries are, though.
If you meet the serious injury threshold, you will be able to seek compensation for pain and suffering and additional non-economic damages. Your family could also be entitled to various wrongful death compensation. Your attorney will explain your range of recoverable damages. They will also handle the negotiation process and fight hard for appropriate compensation.
Evidence That Supports Your Right to Third-Party Compensation
Filing a third-party claim requires proof of the at-fault party’s negligence, proof of the costs of your injuries, and proof of their extent. Your evidence collection will include the following:
- The car accident report
- Accident scene photos
- Witness statements
- Injury photos
- Medical records
- Medical bills
- Written prognosis
- Employment records
An attorney will gather these documents while you concentrate on your physical rehabilitation and recovery. Your lawyer will also negotiate an appropriate settlement and ensure your potential lawsuit is filed on time.
Seek Medical Care After an Accident in a No-Fault State
Even if it seems that you did not suffer injuries that meet the serious injury threshold immediately after an accident if you have any pain or loss of function, we strongly suggest that you see a doctor and begin treatment for your injuries as soon as possible after a car accident. Injuries that may seem “minor” initially can, especially if treatment is not obtained, worsen and become “serious injuries” under the No-Fault laws. Not only do you want to recover as fully and quickly as possible, but you also do not want an insurer to deny or undervalue your claim by arguing that you delayed treatment. Prompt and appropriate treatment addresses these various concerns.
Get a No-Cost Review of Your Car Accident Case Now
If you or someone you love suffered injuries in a car accident, a member of our team will review your case for free. We will explain what a no-fault state means and how it affects your options for compensation.
You don’t have to handle your insurance claim or personal injury lawsuit on your own; our team of personal injury lawyers will fight for appropriate compensation that will help you put your life back together. Contact our case review team at Friedman & Simon, L.L.P. to learn more about what no-fault states mean and how we will help you.