
Q: I was injured in a car accident. What are the "no-fault" benefits I keep hearing about? Who pays those benefits?
A: New York's Insurance Law requires an auto insurance company to pay certain benefits to an injured person hurt through the use or operation of a motor vehicle, regardless of who was at fault in causing the accident. This way, the injured person's medical bills, lost wages and other listed expenses are paid promptly, without getting into a legal fight and argument over who should be paying.
The insurance carrier for the vehicle you were riding in at the time of the accident must pay your medical bills, lost wages and certain other miscellaneous expenses (up to $25 per day) that you incurred as a result of the accident, up to $50,000. This type of insurance coverage is commonly referred to as "Basic PIP", for "Personal Injury Protection", also known as "no-fault". Once the $50,000 is exhausted, you may look to your own automobile policy to see if you have purchased other coverage over and above this Basic coverage.
Hopefully, you will have previously opted to purchase either "Optional" or "Additional" PIP coverage.
With "Optional" PIP coverage, you get an additional $25,000 to apply to your lost wages, medical bills and miscellaneous expenses. With "Additional" PIP coverage, you get an extra $100,000 to apply to those expenses.
After you have exhausted all of the benefits available to you PIP, your private health insurer would then begin paying your medical bills.
Most importantly, keep in mind that if you are injured in an auto accident, you must file an application for no-fault benefits (form NF-2) within 30 days from the date of the accident. If you don't, your claim will be denied.
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