When you get in an accident, you’re probably at once figuring out whose fault it was. Did you pull out in front of that car too quickly? Were they looking at their phone? In many New York accident cases, though, fault doesn’t come into play.

New York’s No-Fault laws

New York State uses by No-Fault laws for car accidents. This means that when you get in an accident, you will first make a claim with your personal insurance. This will use your No-Fault or Personal Injury Protection (PIP) insurance, which is one of the auto coverage plans that New York requires.

No-Fault laws are meant to help those who are in car accidents get medical attention and coverage as quickly as possible. This coverage is for injury, so it does not include damage to your property, and usually includes:

  • Necessary medical and rehab expenses related to the accident
  • 80% of wages lost from time away from your job
  • Needed expenses related to the accident (transportation, hired help, etc.) up to $25/day
  • A “death benefit” of $2,000

When can you get payment from the other driver?

There are circumstances when your damages exceed the PIP coverage and you are able to file a lawsuit against the other party involved in your accident. When your financial losses are more than what is covered by your PIP insurance or if you have a serious injury that results in non-economic damages, like pain and suffering, you may be able to sue for the compensation you need.