Under New York State's compulsory No-Fault Automobile Insurance Law, persons injured in a motor vehicle accident are eligible to receive up to $50,000 in benefits provided they were not intoxicated, drugged or engaged in other specified criminal or anti-social behavior.
Remember, these benefits do not cover claims for pain and suffering, and only apply to pecuniary losses, such as medical expenses, lost wages, and other expenses.
These benefits are payable regardless of who was to blame for the accident.
30 Day Rule: All No-Fault claims must be filed within 30 days of the accident.
45 Day Rule: Medical claims must be submitted within 45 days of treatment. Claims for loss of earnings must be submitted within 45 days of the accident.
What do No-Fault benefits cover?
All necessary medical and rehabilitation expenses.
Lost earnings up to $2,000 a month for up to three years from the date of the accident.
There is a 20% reduction of actual lost earnings. Up to $25 per day is available for one year after the accident for other reasonable and necessary expenses incurred because of the accident, such as the cost of hiring a housekeeper to perform the household services usually performed by the injured person.
Some policies may contain additional benefits. It's best to look carefully at your own policy and discuss your benefits with your insurance company directly.
Am I entitled to No-Fault benefits if I am a passenger in the accident?
Yes. Generally, No-Fault coverage follows the vehicle. You will want to make a No-Fault claim on the policy covering the vehicle which you were riding in at the time of the accident.
How do I know if No-Fault applies?
No-fault covers injuries sustained as a result of "Use and Operation" of the insured vehicle. Remember, this may include non-traditional accidents and injuries involving a motor vehicle. Any time you think your injury was caused by the use and operation of a motor vehicle, it is best to contact your insurance company and advise them of the incident.
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