If you operate a vehicle in New York, you are certainly aware that the state is a “No-fault” jurisdiction. However, what does this imply, and how does it impact your legal rights if you sustain injuries while operating a vehicle, as a passenger, or as a pedestrian? Get help from a Glens Falls truck accident lawyer.
Insured Against Fault
In order to decrease the frequency of lawsuits and give consumers a chance to get compensation for small injuries without having to sue anyone, no-fault insurance was created. Everyone involved in an accident claims with their insurance provider when there are just minor injuries. However, there is no assurance of coverage, so reading the fine print before making a claim is crucial to avoid unexpected surprises.
What you should know before submitting a no-fault claim is as follows:
- To submit a claim, you have just 30 days. No matter when you sought treatment or when it was finished, the claim must be submitted within 30 days of the accident. Your claim can be rejected if you do not correctly file it within 30 days.
- Records of all medical treatment you received as a result of the accident must be kept. If your insurance carrier mandates that you visit a specific doctor, you are required to keep all planned appointments.
- The correct paperwork must be sent to your insurance provider by your doctor. You will not be compensated for your medical costs if the paperwork is not submitted immediately to your insurance provider.
- Any missed pay as a result of the injury must be supported by proof from your employer.
- The no-fault insurance statute covers medical expenses and lost income up to $50,000.
- Under the no-fault statute, you will not receive damages for pain and suffering.
Severe Injuries
If you have sustained a “serious injury,” you can seek compensation from the at-fault party or their insurer via conventional tort laws rather than through no-fault insurance. This option is available only if your injuries meet the criteria for “serious” injuries under New York Law. Serious injuries include, for example:
- an injury
- Loss of a limb, organ, or physical function permanently or with severe limitations
- Injury or impairment that prevents you for 180 days or longer from performing your regular daily activities
- significant deformity
- Death
- To lose a fetus
If your accident is considered “serious,” you can also be entitled to pain and suffering damages in addition to financial aid for your medical bills and lost wages.