A no-fault insurance claim is a claim you make with your automobile insurer for payment of medical bills and lost earnings after a car accident. A no-fault claim is typically made under the "personal injury protection" coverage of a car insurance policy that is mandatory in no-fault states.
A no-fault insurance claim is submitted to your own insurance company rather than submitting it to the negligent driver’s insurance company. Your insurance company is obligated to pay for damages you have suffered in the car accident regardless of who was at fault. You do not have to worry about proving to the other insurance company that the other driver is at fault for the accident.
However, one disadvantage of the no-fault claim is that there is no guarantee related to a settlement and there is a limitation in the types of compensation you can recover. You are also not permitted to file a claim for “pain and suffering” with your own car insurance coverage. You can only pursue compensation for “pain and suffering” against the at-fault driver if your medical bills reach a certain level or if you have suffered a serious injury. If you file a third-party insurance claim against the at-fault driver, you can recover "pain and suffering" damages on top of medical bills and lost income damages.
To file a claim directly against an at-fault driver in New York, your injuries must be serious and:
- significantly disfiguring
- include a bone fracture
- include permanent limitation in the use of a bodily organ
- create significant limitation in the use of a bodily function or system
- make you fully disabled for 90 days
If you have been involved in a car accident in a no-fault state and need legal advice about the claims process, contact a knowledgeable and experienced car accident lawyer. Ganim Injury Lawyers have years of experience handling car accident cases. Our car accident lawyers are ready to help you. We promise to guide you through every step of the legal process. Call 203-445-6542 or email firstname.lastname@example.org.