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Do Insurance Rates Go Up After No-Fault Accidents in New York?

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New York is a no-fault insurance state. While that may appear to be an easier way to deal with claims for car accidents, it can still concern drivers who worry about what will happen to their car insurance premiums. Here’s what you need to know.

What Is No-Fault Insurance?

Having no-fault insurance (also known as personal injury protection, or PIP) means that when someone is in a car accident, they file claims with their own insurer regardless of who caused the accident. That includes claims for physical harm, such as injuries and their related expenses, including medical bills, physical or psychological therapy, medications, rehab services, and transportation costs to go to medical appointments, among many others.

No fault insurance will also cover wages lost as a result of injuries sustained in a collision. However, it’s vital to understand that no-fault insurance doesn’t cover property damage to your vehicle or the other person’s vehicle, or to a fence or any other property. When someone is injured in a car accident that causes property damage, they may have to make separate claims to another person if that person was responsible for the accident that damaged the property (car, fence, etc.).

If you or your loved one suffered injuries in a vehicle accident, contact our attorneys today for a free consultation.
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What Is the Minimum Insurance Required for Vehicle Owners in New York?

Vehicle owners in New York are required to have the following minimum insurance for their vehicles:

  • $25,000/$50,000 per person for bodily injury
  • $50,000/$100,000 per person for death
  • $10,000 for property damage per accident
  • $50,000 for personal injury protection (PIP)

Note that these are the minimum requirements only. Owners can pay extra to have additional coverage.

The $50,000 in coverage for basic no fault can be increased to $175,000 with the payment of an additional premium for that extra coverage known as APIP – (Additional Personal Injury Protection)

Given that medical costs can quickly go into the tens and hundreds of thousands of dollars in the case of a severe injury, obtaining APIP is worth considering if it’s manageable.

What Happens if the Damages Exceed the No-Fault Limitation?

$50,000 in no fault benefits can be exhausted quickly when someone is severely injured. The injured person’s private health insurance can be used in this situation to pay for the continuing medical bills. In some cases, though, you may be responsible for paying the private health insurer back for the medical bills that it pays on your behalf.

New York is what’s known as a pure comparative negligence state. That means when assessing who’s at fault for a car accident, it may be that both drivers (or more, if more were involved) share some of the fault. If that’s the case, the injured person’s claims could be reduced by the percentage of fault assigned to them–which is why the other driver’s insurer or attorney could work to get as much fault assigned to the injured person as possible.

Greenspan & Greenspan, P.C. Injury lawyers will fight hard to have the full spectrum of your damages paid for by the at fault vehicle’s insurer.

Are There Any Exclusions to Who Can Receive No-Fault Benefits?

There are a few exclusions.

  • Motorcycle riders and passengers.
  • Drivers who aren’t residents of New York.
  • An owner driving their own uninsured vehicle or driving or riding in their spouse’s uninsured vehicle.

What Should I Do if I Was in a Car Accident in New York?

First, make sure that everyone involved is okay. This includes the driver and passengers of the other vehicle. Call 911 if anyone complains of pain or an injury.

Get the names and contact information of anyone else involved in the accident, as well as any eyewitnesses. Call the police to file a police report, which can be helpful if you need to file claims or lawsuits later. See a doctor as soon as possible, even if you feel fine. There are injuries, including serious ones, that don’t present symptoms right away. Left untreated, they can worsen and even become dangerous. Consider going to an Urgent Care Center instead of an emergency room depending upon the severity of the injury.

Then call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, car accident attorneys. Understanding how insurance works in these situations and the process for going after additional claims can be complicated and frustrating. Our experienced, knowledgeable team of personal injury attorneys can help you navigate the process.

Do not enter into any conversation or written exchange with the other driver’s insurance representative or attorney until you have consulted with a lawyer. Speaking with the other driver’s insurer could potentially harm your case. Don’t let the insurer try to talk you into accepting a settlement that is lower than you might be eligible for. Refer any communications to your lawyer.

Mike Greenspan

A dedicated attorney with bar admissions in New York, Florida, and the Supreme Court of the United States, has a deep-rooted commitment to his community. Since 1992, he has been a certified high school track and field official and an Executive Committee member of the Glenn D. Loucks Games. He serves on the Board of Directors of the JCC-Rockland and has devoted over a decade to coaching youth sports in Rockland County. Mike was recognized by the County of Rockland as well as the American Association for Justice for his distinguished service in providing free legal representation through the Trial Lawyers Care program for families of victims of the September 11th attacks. He represents clients across a wide range of legal practice areas.

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Thanks for defending me with my DUI. You made a stressful situation much easier to get through. I really appreciate your professionalism and expertise. I would recommend you to anybody who needs a quality attorney! Thanks man!!
Former C.-White Plains, NY
Young, energetic, and the consummate legal professional. He settled our case with an insurance company that is known for digging it’s heels and fighting for every inch. It met its match when mike took our case. He settled our case in a manner that I was completely satisfied with.
Former C.-White Plains, NY
I was involved in a serious motor vehicle accident and sustained severe injuries. A close friend of mine who dealt with Mr. Greenspan and was very happy with his service referred me to him. Mike was very caring right from the beginning, making sure I’m recovering instead of worrying about my case.
Carmen T.-New City, NY
I was involved in a motor vehicle accident in which I got injured. I contacted Green span and Greenspan and they were very courteous and supportive through out the whole case duration. I am pleased with the service I got and if some one wants the best representation then Greenspan is the one to choose.
Mendel-New City, NY
I truly can’t thank Michael Greenspan and everyone at Greenspan & Greenspan enough for working so diligently to get us the best possible settlement after my car accident. For me, it was always about getting my life back, or at least getting as much of it back as possible.
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