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Car Accident Frequently Asked Questions

Posted by: Joseph Stanley
June 16, 2009
Topic: Auto Insurance

Frequently Asked Questions:

"I was injured in a car accident, someone told me that no-fault would pay my bills, what is it?"

No-Fault insurance (Personal Injury Protection), is an insurance benefit designed to cover an injured person(s), regardless of fault, for medical expenses, other reasonable necessary expenses and lost wages. An Eligible Injured Person is entitled to a maximum coverage of $50,000 under basic no-fault insurance. The coverage extends to the driver and/or passengers injured in your car or pedestrians injured by your vehicle. For more information on eligibility, benefits available and use or operation, refer to your auto policy endorsements, your insurance agent, company or the New York State Insurance Department (http://www.ins.state.ny.us/)

*Under New York State Insurance regulation, you must make your claim or put the insurance company on notice no later than 30 days from the date of your accident. *

"What about my pain and suffering?"

A claim or lawsuit may be filed against the party that was at fault for the accident. This is separate from your No-Fault coverage. In New York State, you must prove that you sustained a "serious injury" as defined by the insurance law.

Serious injury is defined as: A personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined inquiry or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

"I was hurt on a motorcycle, will No-Fault cover me?"

No, unfortunately motorcycles are excluded from No-Fault benefits.

"I'm spending so much money for gas, parking etc. going back and forth to doctor's appointments, does No-Fault cover this too?"


Yes, you may submit claims for mileage reimbursement for up to one (1) year from the date of the accident. You are entitled to no more than $25 per day for other necessary expenses. For example, lets say you have a housekeeper come to your home due to your disability and you pay him/her $25 for that day. You also have a doctor appointment on this day, you cannot claim mileage for the appointment because you have already maxed out your $25 expense.

"My doctor said I can't work because of my injuries, what should I do?"

If you have filed a claim for No-Fault benefits, you may also be entitled to wage loss reimbursement. This is 80% of lost earnings from work, up to a maximum payment of $2,000 per month for up to three years from the date of the accident; The wage reimbursement can be offset by New York State Disability Benefits, Social Security or Worker's Compensation benefits.

In addition to your lost wage claim under your No-Fault coverage, you should apply for New York State Disability. You will likely be eligible through your employer. To begin the application process, you must complete a DB-450. This form should be available to you by your employer. This two-sided form is to be completed by you and your doctor. The No-Fault Insurance carrier will sometimes provide you with this form as a courtesy. It is only as a courtesy and should not be sent back as it needs to be provided to your employer.