Long Island No Fault Insurance Claims Lawyer

New York is one of a handful of states that utilizes the “no-fault” automobile insurance model as a solution to prolonged litigation over fault and damage amounts in car accident cases. After a car accident in New York, under no-fault law, your own car insurance (i.e. your personal injury protection or PIP coverage) pays for medical treatment and other out-of-pocket expenses. This covers up to $50,000 for basic economic losses incurred by anyone covered under the policy, including medical bills and a portion of lost wages, regardless of which party was responsible for the accident. “No-fault” means that the victim would receive payment for their basic economic losses no matter who was at fault for the accident. Medical bills, lost wages, and other expenses are all damages the insurance company policy could cover under no-fault benefits. It is important to note that insurance companies do not offer no-fault coverage to motorcyclists. Read below to learn more about how New York no-fault law and no-fault benefits work and how the no-fault claims process works.

1. What Is Covered By New York’s No-Fault Laws?
2. How No-Fault Insurance Benefits Work in Long Island Car Accident Cases
3. Car Accident Claim Filing Deadlines Could Affect Your Case
4. You Can Get Legal Help with Your Insurance Claim and Legal Battle
5. The Kinds of Accidents That You Could Have Suffered
6. How long until I get compensation from my no-fault claim?
7. Our Lawyers Offer Their Services on a Contingency-Fee Basis, So You Have Nothing to Lose
8. Take Advantage of a Free Consultation with Our No-Fault Insurance Claim Team

What Is Covered By New York’s No-Fault Laws?

Your no-fault PIP coverage in New York will cover the following:

• accident related medical bills and expenses that are considered “reasonable and necessary,”
• 80% of lost income, up to $2,000 per month, up to three years from your car accident,
• “reasonable and necessary” expenses because of the accident up to $25 per day, up to one year from your car accident, such as transportation to the doctor or help around the house, and
• $2,000 in death benefits for any covered individual killed in the car accident.

If you have a PIP claim in New York, the expenses detailed above will be covered for:

• you or another driver of your vehicle,
• any passengers riding in your vehicle, and
• any pedestrian or cyclist hit by your vehicle.

You can’t get compensation for “pain and suffering” and other non-monetary injuries caused by the accident in a no-fault claim.

Our Legal Team Can Help

If you have been seriously injured, call our Long Island car accident lawyers today for a free consultation. We will review your case and advise you on the next steps. We understand how critical it is to have a knowledgeable, experienced attorney on your side and we’re ready to answer your questions about what you can expect to recoup from New York no-fault insurance. After years of helping car accident victims, we have the knowledge and resources to help you obtain full and fair compensation for your losses.

How No-Fault Insurance Benefits Work in Long Island Car Accident Cases

 

  If you are involved in a motor vehicle collision on Long Island, generally your insurance company (not the other driver’s insurance company) pays for basic economic loss damages. The exception is if you are a pedestrian or cyclist, then you receive no-fault coverage from the vehicle that struck you.

What do New York no-fault benefits include?

No-fault benefits include the following:

• Medical expenses – hospital, doctor, therapy, rehabilitation, and other healthcare expenses incurred because of the accident may warrant compensation.
• Lost wages – Insurance companies compensate a maximum of $2,000 a month in lost wages, for up to three years. Lost wage compensation cannot be greater than 80% of lost income.
• Other reimbursable expenses – You may recover household assistance and transportation services to receive medical care, etc., not to exceed $25 per day for more than one year.
• Death benefits – When death is caused by a motor vehicle accident and the deceased qualifies for no-fault insurance benefits, beyond the $50,000 maximum, generally $2,000 may be paid to the surviving family through the estate.

Car Accident Claim Filing Deadlines Could Affect Your Case

In 2002, the New York legislature passed stricter filing deadlines to lessen no-fault insurance claims fraud. The following deadlines apply:

• You have 30 days from the date of your car accident injury to file a no-fault insurance application form with your insurance carrier. Pedestrians would file with the insurance carrier of the car that hit them and the insurance carrier that covers their own car.
• You have 90 days from the date of your car accident injury to file claims for lost wages. Your employer must send evidence of income and lost wages resulting from your disability.
• Medical providers have 45 days from the date of service to file doctor, therapy, and other medical service bills. When receiving medical treatment, you should provide your no-fault insurance company information, not your healthcare insurance company information.

You Can Get Legal Help with Your Insurance Claim and Legal Battle

No-fault law in New York can be complex. Our personal injury lawyers serving Long Island have decades of experience managing car accident cases. We can help you be informed about exactly how no-fault insurance works and how it pertains to your accident case. Your lawyer can help you file within the designated time limits. We also provide invaluable assistance by:

• Ensuring all paperwork is correctly filled out
• Explaining necessary receipts and important documentation to save
• Counseling you on how to speak to the insurance companies

What is the no-fault threshold and how will it affect my case?

Based on the seriousness of your car accident injury, you may be entitled to benefits beyond those provided by the New York no-fault $50,000 limit. These could include damages for pain and suffering under New York no-fault threshold laws. ISC § 5102(d) defines the serious injury threshold as:

• Death
• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• A significant limitation of use of a body function or system
• A medically determined injury or impairment that affects the victim’s ability to function for 90 days

To determine whether your injuries warrant a third-party claim to recovery for pain and suffering and other non-economic damages, speak to one of our accident attorneys. Our firm will tell you what you need to know about your accident and injury. Your Long Island car accident attorney from Rosenberg & Gluck, LLP, can help you obtain the compensation you deserve. Our legal team will handle your case so you can concentrate on regaining your health.  

The Kinds of Accidents That You Could Have Suffered

We have seen many kinds of vehicle collision cases in our practice. Yours might have involved:

• A drunk driver who sideswiped you on the highway
• An intersection’s traffic light was not programmed correctly and caused a collision
• A truck driver rear-ended you because they were not paying attention to the flow of traffic
• A driver exhibiting signs of road rage who dangerously changed lanes and clipped your car
• A multi-car pile up caused by sudden braking and a driver following too closely
• A driver trying to beat the light hitting your car

 

How long until I get compensation from my no-fault claim?

Every car crash happens because of different factors and causes different results.  Generally, reimbursement of expenses and payment of medical bills happens quickly with no-fault claims.  At times, the no-fault carrier may need additional information from you, including a statement to determine if they will provide no-fault benefits. It is important to speak to an attorney right away to determine whether or not you can pursue additional non-economic losses.  The best way to know how long it will take for you to get compensation from a third-party claim is to speak with a knowledgeable Long Island accident lawyer. They can review your case and give you an estimate on the amount of time it will take to resolve. Most importantly, you will know they are working hard to make sure you get the compensation you deserve.  

Our Lawyers Offer Their Services on a Contingency-Fee Basis, So You Have Nothing to Lose

Our personal injury law firm takes cases on a contingency basis, meaning there is no up front, out-of-pocket expense, and there will only be a fee if we recover on your behalf. If you are unable to travel, we will come to you. Weekend and evening appointments are available as needed. Many people are nervous about hiring lawyers because they think they need to pay a lawyer up front. Because we work on a contingency basis, you can get the representation you need and not have to worry about how to pay to secure representation. If you have been injured in a car accident, call our law firm today. There’s no obligation and you can talk to a lawyer for free. We will evaluate your case and can help you get the compensation you deserve.  

Take Advantage of a Free Consultation with Our Injury Lawyers Skilled at Navigating No-Fault Insurance Claims

When you are injured in a car accident, it is important to have an experienced lawyer on your side. Our Long Island accident lawyers and no-fault insurance claims team can help you get the compensation you deserve. We work on a contingency basis, so there is no up-front cost to you to call and speak to a lawyer about your injuries. Call our Long Island law offices today for a free consultation. We can discuss how your lawyer can help you. You don’t have anything to lose by calling, and we can answer any questions you may have. We are here to help you get the best result possible in your accident claim. With offices located in Suffolk County and Nassau County, our Long Island personal injury lawyers can meet with you at a convenient location to discuss your personal injury claim. Our firm can help you decide the best way to proceed. Initial consultations are always free, so please contact us today. We are also able to assist clients in Spanish if needed.