New York is one of only twelve states with no fault auto insurance laws. If you are a New York driver, understanding no fault coverage is essential. This guide explains everything you need to know.
What Is No Fault Insurance?
No fault insurance, officially called Personal Injury Protection, pays for medical expenses and lost wages regardless of who caused the accident. Under New York law, every driver must carry no fault coverage.
The goal of no fault insurance is to reduce lawsuits by ensuring that accident victims receive prompt payment for medical bills without needing to prove fault.
What Does No Fault Cover in New York?
New York no fault insurance covers:
- Medical Expenses: Doctor visits, hospital stays, surgery, rehabilitation, and prescription medications
- Lost Wages: Up to eighty percent of lost earnings, capped at two thousand dollars per month
- Other Necessary Expenses: Up to twenty five dollars per day for one year for household help, transportation to medical appointments, and other reasonable expenses
- Death Benefits: Two thousand dollars for funeral expenses plus additional benefits to surviving dependents
The minimum required coverage is fifty thousand dollars per person. You may purchase higher limits.
What Does No Fault NOT Cover?
No fault insurance has important limitations:
- Pain and Suffering: You cannot sue for pain and suffering unless your injuries meet the serious injury threshold
- Property Damage: Damage to your vehicle is not covered by no fault. You need collision coverage for that
- Damage to Other Vehicles: No fault does not pay for damage you cause to another person’s car
- Injuries to Others: Your no fault coverage only covers you and your passengers. Other drivers use their own no fault coverage
The Serious Injury Threshold
Under New York law, you cannot sue another driver for pain and suffering unless your injuries qualify as serious. New York defines serious injury as:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury preventing you from performing normal daily activities for at least ninety days
If your injuries meet this threshold, you may sue the at fault driver for pain and suffering beyond your no fault benefits.
New York No Fault Coverage Limits
Minimum Required Coverage:
- Fifty thousand dollars per person for medical expenses and lost wages
- Additional coverage options available for purchase
Optional Coverage You Should Consider:
- Higher no fault limits (one hundred thousand dollars or more)
- Supplemental underinsured motorist coverage
- Additional personal injury protection
How to File a No Fault Claim
If you are injured in an accident in New York:
- Seek medical attention immediately. Your health comes first.
- Report the accident to your insurance company. You must file within thirty days of the accident.
- Complete a no fault application. Your insurer will provide form NF 2.
- Submit medical documentation. Include all bills and records related to your treatment.
- Cooperate with the claims investigation. Your insurer may require an independent medical examination.
Failure to file on time can result in denial of your claim.
Common No Fault Mistakes to Avoid
Waiting Too Long to File: You have only thirty days to file a no fault claim. Do not delay.
Not Seeking Immediate Medical Attention: Even if you feel fine, some injuries take days to appear. See a doctor.
Giving a Recorded Statement Without Representation: Stick to the facts. Do not speculate about fault.
Missing Required Forms: Ask your insurer for a complete list of required documentation.
How 212 Auto Insurance Helps with No Fault Coverage
212 Auto Insurance specializes in New York auto insurance. Our agents can help you:
- Understand your no fault coverage options
- Choose the right coverage limits for your situation
- File claims correctly and on time
- Navigate disputes if your claim is denied
We know New York’s no fault laws inside and out. Let us help you get the coverage you need.
Frequently Asked Questions
Is no fault insurance required in New York?
Yes. Every driver in New York must carry no fault insurance. Driving without it is illegal and carries significant penalties.
Can I sue the other driver after an accident?
Only if your injuries meet the serious injury threshold. Otherwise, no fault is your exclusive remedy.
Does no fault cover my passengers?
Yes. Your no fault coverage extends to passengers in your vehicle, regardless of fault.
Does no fault cover motorcycle riders?
No. Motorcycles are exempt from no fault requirements. Riders should purchase medical payments coverage.
How long do no fault benefits last?
Medical benefits continue as long as medically necessary. Lost wage benefits are capped at three years from the accident date.
Get the Right No Fault Coverage Today
Understanding no fault insurance is the first step. Getting the right coverage is the next step. 212 Auto Insurance can help you choose the right policy for your needs and budget.
Call us today for a free quote. New York drivers trust 212 Auto Insurance for honest advice and affordable coverage.