Is New York a “No-Fault” State?
Understanding Your Rights After an Accident
If you are involved in an accident in New York, you may wonder how you file a claim for damages. New York is a “no-fault” state when it comes to insurance, which means that you will generally go through your own insurance company regardless of who was at fault for the accident. However, there are exceptions. Therefore, it is important to discuss your case with an attorney to determine the best course of action.
At Denlea & Carton LLP, we represent individuals who have been involved in car accidents in White Plains and throughout Westchester County, NY. Our experienced legal team will help you understand your rights including how to file a no-fault claim or pursue a lawsuit against another motorist. If you were injured in an auto accident, contact our office today to schedule a free consultation.
What Does “No-Fault” Mean?
In the United States, jurisdictions either follow tort laws for insurance (at-fault) or have no-fault policies. In a tort or fault state, a person injured has the right to pursue damages (compensation for their losses) from the party that caused the accident. In a no-fault state, an injured party generally goes through their own insurance company to obtain compensation.
It is important to note that while New York is a no-fault state, it does allow people to pursue a lawsuit against an at-fault party if their injuries are serious. New York has a no-fault threshold of $50,000, meaning that if your injuries are severe and exceed the threshold you can file a claim against the person that caused the accident.
What Are Serious Injuries in New York?
If a person’s basic economic loss from an accident exceeds $50,000 or they have suffered a serious injury then they may pursue a cause of action based on personal injury.
New York Insurance Law defines serious injury as:
- Death
- Fracture
- Dismemberment
- Loss of a fetus
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use of an organ, function, or system
- Permanent limitation of a body organ or member
- A significant limitation of a function or system of the body
- A non-permanent injury that causes impairment for 90/180 days following the accident.
If you are seriously injured in a car accident, it is in your best interest to discuss your case directly with an attorney to determine your legal options. It is important to act quickly as you only have a limited amount of time to file a claim for damages.
Even if you are not seriously injured, it is a good idea to review your insurance policy to determine how long you have to file a claim. In some cases, it is as little as 30 days from the date of the accident.
Injured in a Car Accident in Westchester County? Contact Our Office.
Were you or someone you love injured in a car accident in Westchester County, NY? Contact our office to schedule a free consultation. There are no fees unless we win. Call now to speak directly with a member of our legal team.
