Is New York A No Fault State?

New York requires no-fault insurance, meaning you can collect compensation no matter who caused your accident.

New York requires no-fault insurance. This policy means if you are injured in a collision, your insurance may cover damages regardless of who caused it. We can help you file an insurance claim to receive those damages. If someone else is responsible for the crash, we can also file a lawsuit for damages not covered by no-fault insurance.

For a free legal consultation, call 631-239-3965

What are the Limitations of No-Fault Insurance?

According to the New York Department of Financial Services (DFS), no-fault insurance

covers basic damages such as:

  • Medical expenses, including the cost of all treatments required to help you survive and recover from your injuries from the collision
  • Lost wages, up to $2,000 a month for up to three years
  • Other expenses, such as medical-related travel expenses or hiring a babysitter to watch your children during your doctor’s appointments.

To pursue compensation for other types of damages, we can sue the liable party. A lawsuit can ask for the damages that no-fault insurance will not pay for. This type of legal action is especially important if you suffered serious injuries that affect your physical and psychological health.

Personal Injury Damages

In a personal injury lawsuit—that is, a lawsuit seeking damages for injuries that you yourself sustained—we can seek damages for:

  • Pain and suffering, including both emotional and physical distress
  • Reduced quality of life, if you will never be able to enjoy the ease of movement you once had
  • Disability, including both physical and intellectual disabilities, whether permanent or temporary
  • Loss of employment, if the collision cost you your job or the ability to retain gainful employment
  • Additional loss of wages, including what no-fault insurance does not cover

Wrongful Death Damages

In a wrongful death lawsuit—that is, a lawsuit you file on behalf of a loved one who did not survive their collision injuries—we can seek damages for many of the same items available in personal injury cases. We can also seek damages for:

  • Funeral and burial expenses, to reimburse you for the cost of laying your loved one to rest
  • Loss of financial support, if making ends meet is more difficult now without your loved one contributing income to the household
  • Loss of society, including all of the intangible benefits (affection, love, advice, etc.) your loved one brought to your family

In both personal injury and wrongful death cases, our team can determine the best ways to seek compensation and provide guidance at every step.

Get Legal Help in Your Accident Case

If you can file a lawsuit, we advise you to start as soon as possible. Generally, you have the right to sue only for three years after the accident, per CPLR § 214. There could be exceptions that make this deadline even shorter. Therefore, it is critical that you get legal help quickly if you are interested in pursuing a civil lawsuit.

Complete a Free Case Evaluation form now

Services We Can Provide

Our firm provides numerous services, including:

  • An independent investigation: This may involve requesting relevant documents, visiting the collision scene, and getting statements from witnesses. We use this evidence to build the strongest possible case.
  • Tough negotiating skills: We are not afraid to confront the insurance company and push for fair compensation for you.
  • Trial representation: If necessary, we can prepare trial exhibits, interview witnesses, and argue on your behalf at trial.

In addition, we do everything possible to make our services accessible to everyone who wants them and make the legal process easier to navigate. We do this by offering:

  • Free case reviews: Members of our team are standing by to evaluate your case at no cost or obligation.
  • Professional advice: We help you understand your rights and options and the pros and cons of any legal decisions you must make.
  • Responsive care: You can call us whenever you have a question or if the liable party tries to contact you. We always respond to queries promptly and take as much time as necessary to address clients’ concerns.

Getting Fair Compensation After an Accident

To build a convincing argument, we will collect all available evidence pertaining to your case. This may include:

  • Requesting a police report
  • Tracking down witnesses for statements and any audio-visual footage they took of the collision
  • Asking if you or anyone else in the vehicle with you have relevant photos or video
  • Requesting statements from relevant experts (e.g., a doctor or a vocational rehabilitator)
  • Visiting the scene of the collision
  • Examining available surveillance footage

The sooner you get in touch with us, the sooner we can start looking for this critical evidence. A quick start is especially important when it comes to collecting impermanent evidence like surveillance footage, which may be deleted soon after your collision.

Get Started with a Free Consultation at Rosenberg & Gluck, L.L.P.

New York requires no-fault insurance, which gives you an additional way to pursue damages after a collision. At Rosenberg & Gluck, L.L.P., we strive to help all our clients receive fair compensation.

Call us at (631) 994-1910 for a free case review. Our team can assist you in Spanish and English.

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Client Testimonials

“The amount I could get for my case was limited (due…

– Craig S., Car Accident Client

“I want to thank Rosenberg & Gluck and Staff For the…

– Steve G., Personal Injury Client

Erin was able to get me over double what was originally…

– Nicole E., Car Accident Client

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