New York No-Fault Attorney
If you’ve been involved in a car accident, you know how overwhelming the No-Fault process can be. That’s why we’re here to help. The Law Office of Marc L. Schwartz specializes in no-fault claims and can guide you through the legal process with ease.
What is No-Fault?
In New York, all drivers must have no-fault insurance, also known as personal injury protection (PIP) insurance. This type of insurance covers medical expenses and lost wages for you and your passengers in the event of an accident, regardless of who is at fault.
Who can make a New York No-Fault Claim?
Anyone involved in a car accident in New York is eligible to file a no-fault claim to cover medical expenses and lost wages. However, there are certain situations in which an individual may not be eligible to receive the full benefits of no-fault insurance. Here are a few examples:
- If an individual was involved in an accident while committing a crime: In this situation, the individual would not be eligible to receive the full benefits of no-fault insurance.
- If an individual was driving under the influence of drugs or alcohol: In this situation, the individual would not be eligible to receive the full benefits of no-fault insurance.
- If an individual was driving a vehicle that was not properly insured: In this situation, the individual would not be eligible to receive the full benefits of no-fault insurance.
What's the difference between a No-Fault claim and Personal Injury Claim?
No-fault claims are a type of insurance claim that cover medical expenses and lost wages for you and your passengers in the event of an accident, regardless of who is at fault. With a no-fault claim, you don’t have to prove that the other driver was at fault to receive compensation for your medical expenses and lost wages.
On the other hand, personal injury claims are a type of lawsuit filed to seek compensation for injuries and damages caused by another person’s negligence or wrongdoing. Personal injury claims can include compensation for things like medical expenses, lost wages, pain and suffering, and other damages. Unlike no-fault claims, personal injury claims require you to prove that the other driver was at fault for the accident.
What will my No-Fault insurance cover
No-fault insurance covers medical expenses and lost wages for you and your passengers in the event of an accident, regardless of who is at fault. This includes the following:
Medical expenses: No-fault insurance will cover the cost of any medical treatment that is necessary as a result of the accident, including doctor’s visits, hospital stays, and physical therapy.
Lost wages: If you are unable to work as a result of your injuries, no-fault insurance will cover a portion of your lost wages.
Funeral expenses: If a passenger in your car passes away as a result of the accident, no-fault insurance will cover funeral expenses.
It’s important to note that in New York, there are limits on the amount of compensation that you can receive from a no-fault claim. The limit for medical expenses is $50,000, and the limit for lost wages is $2,000 per month for up to 3 years.
It’s also important to note that no-fault insurance does not cover damages to your vehicle. To file a claim for damages to your vehicle, you must file a separate claim with the at-fault driver’s insurance company.
What should I do after a car accident?
Although your no-fault insurance covers you- regardless of who is at fault for your accident, it’s important to know what steps to take to ensure your rights are protected. Here are several key steps to take after a car accident to protect your rights:
Seek medical attention: Even if you don’t think you’re injured, it’s important to seek medical attention immediately. Some injuries, such as whiplash, may not show symptoms until days or even weeks after the accident.
Call the police: Even if the accident seems minor, it’s important to call the police. They will create an official report of the accident, which will be helpful when filing a claim with your insurance company.
Exchange information: Get the contact and insurance information from the other driver(s) involved in the accident. Also, take note of the make, model, and license plate number of the other vehicle(s) involved.
Take photos: Take photos of the damage to your vehicle and the accident scene. These photos will be helpful when filing a claim with your insurance company.
File a claim: As soon as possible, file a claim with your insurance company. In New York, you have only 30 days to file a no-fault claim after an accident. Failure to file within this time frame may result in the denial of your claim.
Keep records: Keep a record of all medical expenses, lost wages, and other expenses related to the accident.
Contact an attorney: If your no-fault claim is denied or if you’re seeking compensation for additional damages, we recommend you seek the assistance of an experienced attorney. For any questions related to your No-Fault or Personal Injury Claim, contact the Law Office of Marc L. Schwartz for a free, no-obligation consultation.
How can a No-Fault attorney help?
Retaining an experienced New York no-fault accident lawyer is important for several reasons, including the following:
Navigating the legal process: No-fault claims can be a complex and overwhelming process, especially if you’ve never been involved in a car accident before. An attorney can guide you through the process and help you understand your rights and responsibilities.
Investigate and present evidence: To receive the maximum compensation for your injuries and damages, it’s important to have strong evidence to support your claim. An attorney can help you gather and present evidence that will strengthen your case.
Negotiate with the insurance company: Insurance companies are in the business of making money, and they may try to settle your claim for as little as possible. An attorney can help you negotiate with the insurance company to ensure you receive the maximum compensation for your injuries and damages.
Appeal a denied claim: If your no-fault claim is denied, you have the right to appeal the decision. However, the appeals process can be complex and time-consuming. An attorney can help you navigate the appeals process and increase your chances of having your claim approved.
Understand the limits of no-fault insurance: No-fault insurance in New York has certain limits and exclusions, an attorney with experience in this area can help you understand these limits and how they may affect your claim.
Contact An Experienced No-Fault Attorney
If you or a loved one have been involved in a New York car accident, it’s important to contact an experienced no-fault attorney. The Law Office of Marc L. Schwartz can guide you through the legal process and help you receive the compensation you deserve. We understand that every case is unique, and we’ll tailor our approach to meet your specific needs. Contact us today at (516) 482-0026 or fill out our online form to schedule a free, no-obligation consultation. Don’t let the legal process stress you out more than it already has. Let the Office of Marc L. Schwartz handle it for you.
Let Marc L. Schwartz, P.C. Handle Your Claim
If you or someone you love has been injured due to someone else’s negligence, don’t wait to seek justice. Let Marc L. Schwartz fight for you. Time is of the essence in these types of cases, so don’t delay. Take action now and get the help you deserve.