Understanding Auto Law in NY
and Driver Responsibility
New York auto accident law is quite different from in many other states. New York is a no fault state, which means that car accident victims (drivers, passengers, and pedestrians) are eligible for basic coverage of up to $50,000 in accident-related medical care, regardless of who was at fault. It can also 80% of lost wages or up to $2000 per month for three years. No fault does not apply to vehicle damage, that is covered by standard auto insurance policies, and fault is absolutely a determining factor as to which company pays.
Drivers are responsible for not leaving the scene of the accident, for having up-to-date automobile insurance, and for having car registration and policy details readily available. Understanding New York car accident law is vitally important for everyone involved, because a lack of knowledge about its provisions can be costly. For instance, a No-Fault Application (form NF-2) must be filed within 30 days of the accident, and it must be filed with the insurance company of the owner of the car that caused the accident. When you report the accident, ask the insurance provider for the form, write down your claim number, and get the name and contact information of the person assigned to handle your case.
If you do not know that information (for instance, if it's an uninsured auto), you can file a claim with the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC). Even if you think you're not seriously injured, it's important to file the form on time. Doing so does not obligate you to any further action, but does protect any future claims. Remember, many injuries are not readily apparent.
In addition, additional damages for pain and suffering may be available if you incur serious injuries include such as severe disfigurement, dismemberment, broken bones, and other qualifying conditions.
If you've been injured in a New York automobile accident, be sure your rights are protected. The lawyers of the Jacob Fuchsberg Law Firm can help. For a free consultation, complete our contact form, call us at 212-869-3500, or come by our New York law office.
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“While I can't change the course of what's occurred, I can certainly assist, hopefully, in providing people with the ability to care for themselves financially or to somehow get some recompense for the ills caused by other people.”—Leslie Debra Kelmachter
