No-Fault is personal injury coverage and does not cover the repair of your car body or damage to the motor vehicle or other personal property of others. Absence of fault is also paramount to health insurance, meaning that you pay first in case the injury is due to a car accident. New York is a “no-fault insurance” state, but those laws apply only to injuries in a car accident and not to claims for damage to vehicles. Within certain limits, reimbursement is the responsibility of the driver who caused the accident and their insurance.
You can hold the driver at fault for the accident responsible for the accident through an auto insurance claim or a personal injury lawsuit with third parties, and you can seek compensation for all categories of losses, including pain and suffering and all other available non-economic damages (which, again, are not available in a no-fault claim). The fact that New York is a no-fault state when it comes to auto insurance means that all New York drivers must take out personal injury protection (PIP) insurance to cover their own medical bills after an accident, regardless of who was at fault. A car owner may have guaranteed asset protection (“GAP”) coverage for reimbursement, especially if the owner has financed the car. Some states require drivers to have PIP or MedPay, while collision insurance is often mandatory if you rent or finance your car.
If the insurer fails to make payment in accordance with the terms specified in the settlement letter or arbitration award within 45 days of such resolution, the insurer will pay an additional attorney's fee when the lawyer writes to the insurer to receive such late payment. We will challenge insurance companies for you and recover the highest compensation available to repair your car. It's important to note that New York's no-fault auto insurance system applies to injuries caused by car accidents, but not to vehicle damage claims. In many states, including New York, minimum insurance limits are also known as “auto liability insurance.” As mentioned above, in order to be able to exit New York's no-fault car insurance claim system and file a lawsuit against the driver who caused your car accident, the injuries you suffered from a car accident must be considered serious below the threshold established by state law.
An experienced lawyer can help a car owner receive a fair, objective, and reasonable repair quote from their insurer. Anyone who is involved in a car accident in New York State and wants to file a no-fault insurance claim must follow a specific process. Car owner's insurance will cover repairs, minus deductibles, if the owner has a single car accident or is responsible for damage to a vehicle. For more information on New York's motor vehicle insurance rules and requirements, see the New York Department of Financial Services' minimum auto insurance requirements page.
People who have been in a car accident understand how difficult it is to deal with insurance companies, auto repairs, and subsequent personal injuries. Regardless of who caused the accident, no-fault insurance ensures that both parties will receive reimbursement for their own damages if they have personal auto insurance.