What Is “No-Fault” Insurance in New York?

New York no-fault insurance helps people injured in motor vehicle accidents

New York no-fault insurance is also known as personal injury protection. It is designed so that insurance will pay for those who are injured, no matter who is at fault for the accident. Damages refers to the cost of injuries, including medical bills, lost wages, and other medical expenses related to the accident. No-fault insurance covers a minimum of $50,000 for each injured person.

Who is covered by New York no-fault insurance?

The New York no-fault insurance laws were enacted in the 1970s to provide reimbursement for the cost of damages in car accidents no matter who is responsible for the accident. To be eligible for New York’s no-fault insurance benefits, you must meet the following criteria:

  • Your insurance policy has to be issued by an insurance company that is licensed to conduct business in New York
  • The vehicle involved in the accident must be a car, bus, taxi, or truck
  • You must be a driver or passenger of the insured vehicles, or a pedestrian or bicyclist that was hit by an insured vehicle
  • The accident must take place within New York State
  • The insured vehicle must be registered in New York State
  • You must be a resident of New York when the accident occurred
  • You have no other automobile insurance available to you

Who is NOT covered by New York no-fault insurance?

Typically, no-fault insurance does not apply to:

  • Owners of uninsured vehicles, their spouses, and passengers in the uninsured vehicle
  • People who drive motorcycles, scooters, Vespas and similar vehicles and their passengers
  • People involved in an accident with their car who do not have insurance coverage
  • Drivers who have insurance policies that are not purchased in New York
  • Drivers who have insurance policies issued by a company that is not licensed to conduct business in New York
  • Drivers operating a vehicle while under the influence of alcohol or drugs are not covered.

How do I file a no-fault claim in New York?

To file a no-fault insurance claim, you must meet the specific criteria above. You must also be covered under New York’s no-fault law and file a police report within 24 hours of the accident. Depending on the type of accident, you have either 90 or 180 days after the accident to submit a Notice of Intention to the Motor Vehicle Accident Indemnification Corporation (MVAIC).

Created in 1958 by the New York State Legislature, MVAIC now operates as a non-profit organization providing no-fault and bodily injury coverage to eligible people. You can check your eligibility here.

Get a free consultation with a Bronx personal injury attorney

If you are involved in a car accident, Bronx car accident attorney Evan W. Kohn can help you determine if you should pursue no-fault with MVAIC or another course of action. To schedule a free consultation, contact The Law Offices of Evan W. Kohn online or call 718-409-5500. Evan W. Kohn has helped many motor vehicle accident victims get the care and compensation they need and deserve. During your consultation, he can give you direction on how to proceed with your case and answer any questions you may have.

Attorney Evan Kohn
About the Author: Evan Kohn
Evan W. Kohn is an experienced personal injury attorney serving the New York City area. He handles cases ranging from auto accidents to personal injury, Slip and falls, truck accidents, and medical malpractice.