Walking the streets of New York can be exciting, but it also comes with risks. It is a no-fault insurance state. This means that if you have been involved in a car accident as a pedestrian, you must file a claim with the driver’s insurance company.
The state’s no-fault insurance system aims to simplify the compensation process after an auto accident. This approach aims to reduce legal battles and provides quicker financial relief to accident victims.
What should your insurance cover?
In New York, you can get help with certain costs through “first-party benefits.” It covers up to $50,000 per person, including:
- Medical costs like hospital bills, surgeries, nursing care, dental services and medicine
- Up to $2,000 per month of lost wages for up to three years after the accident
- Up to $25 a day for other costs related to the accident, like travel to doctor appointments, for up to one year after the accident
This no-fault insurance system mainly covers economic losses. However, if you want to pursue compensation for non-economic damages, like pain and suffering, your injuries must meet the state’s “serious injury” threshold.
What is the “serious injury” threshold?
This standard determines whether an injured person can step outside the no-fault system to sue the at-fault party for additional damages. It only includes specific types of injuries, such as:
- Significant disfigurement, such as visible scars or other deformities
- Fractures or broken bones
- The permanent loss of use or limitation of a body organ, member, function or system
- Total disability for at least 90 days within the 180 days following the accident
If your injuries qualify, you may be able to seek damages for pain and suffering, emotional distress and other non-economic impacts that the standard no-fault benefits do not cover.
While the no-fault system offers quick access to funds, it also imposes certain restrictions. If you or a loved one has been involved in a pedestrian accident, exploring your legal options is crucial for securing the compensation you deserve.