You were recently in a car accident in New York State. The good news? You should have no-fault insurance benefits that can help you pay for your medical bills, offset a portion of your lost income while you’re unable to work, and cover certain incidental costs. The bad news? Those benefits come with strict policy limits, which means you could be left paying out of pocket for excess expenses. Moreover, they won’t cover the full cost of your lost income or compensate you for the pain and suffering you’ve endured.
So, what can you do when those no-fault benefits run out or simply don’t pay you sufficiently? Depending on what happened, you could have several options available to you.
What Is No-Fault Insurance in New York?
In most states, a motorist who is at fault for causing an accident is the most likely party to be legally responsible for the harm other people suffer because of that accident. However, certain states—including New York—take a different approach. New York State follows a no-fault insurance model, which means that an injured motorist’s first source of coverage is their own policy. The system gets its name because an injured party can access insurance benefits without first having to prove someone else’s fault.
What Does No-Fault Insurance Cover?
New York State refers to its standard no-fault insurance policy as “basic no-fault coverage.” It provides up to $50,000 in benefits for:
- Reasonable and necessary medical expenses
- 80% of lost wages, up to $2,000 per month
- Up to $25 per day in reasonable expenses, such as household help or transportation to medical care
What to Do If Your Benefits Run Out
Serious accidents have serious consequences, and $50,000 might not be sufficient to pay for them. You may have several options available to you once your no-fault insurance benefits run out. First, you could be entitled to claim additional no-fault benefits in excess of $50,000, provided you have purchased this optional coverage or someone else in your household has. Additional no-fault benefits increase coverage limits to $100,000 and provide up to $4,000 per month in lost-wage benefits.
If you do not have Additional No-Fault Benefits, you may still have coverage through your healthcare insurance.
Furthermore, if another party is to blame for the underlying accident, you may have grounds for a claim against them. In addition to no-fault insurance, New York also requires that all motorists carry liability insurance, which applies when they are at fault for a collision. Liability insurance can cover additional medical expenses and lost income not covered by your no-fault insurance, as well as the cost to repair or replace your damaged vehicle.
Additionally, if you suffered a serious injury in the crash, you can also include pain and suffering in your claim against the at-fault driver. New York defines a serious injury as one that results in:
- Death
- Dismemberment or significant disfigurement
- Bone fracture
- Loss of a fetus
- Permanent loss of use of a body part; significant or consequential limitation of use of a body
function or part.
Contact Our Attorneys Serving Chautauqua, Allegany, Cattaraugus, & Southern Erie Counties
Have you been injured in a car accident in Western New York? If so, you’re probably dealing with unexpected medical expenses, lost income, and other substantial costs. You shouldn’t have to face these challenges alone. The attorneys with Fessenden Laumer & DeAngelo, PLLC are proud to serve the region from our offices in Jamestown, Fredonia, and Olean. Contact us today for a free consultation with a car accident lawyer serving Chautauqua, Allegany, Cattaraugus, and Southern Erie Counties, and get the local, trusted, and experienced representation you need at this difficult moment.
