New York’s Motor Vehicle No-Fault Law: What “No-Fault” Really Means
If you’re injured in a motor vehicle accident in New York, one of the first legal concepts you’ll hear about is “No-Fault.” While the name can be confusing, the purpose of the law is to essentially make sure injured people receive medical treatment and certain benefits quickly, regardless of who caused the accident.
While doing your own research is very helpful, nothing beats personalized legal assistance. Whether you've been hurt in an accident or the insurance payout isn't covering what you need it to, please don't hesitate to contact our Garden City car accident lawyer at the Law Office of Steven R. Smith. With over 35 years of personal injury experience, we're ready to answer your questions and fight for your fair compensation. Contact us today for a free consultation.
What Is New York’s No-Fault Law?
New York’s No-Fault law—also known as Personal Injury Protection (PIP)—applies to motor vehicle accidents only. It generally covers drivers, passengers, pedestrians, and bicyclists who are injured by a motor vehicle. In most cases, motorcycle accidents are excluded from No-Fault coverage.
Under No-Fault, you do not need to prove fault to receive benefits. Instead, the appropriate insurance company pays for specific accident-related expenses up to a set limit.
Why No-Fault Coverage Matters After an Accident
After an accident, even injuries that seem minor at first can become serious over time. New York’s No-Fault system allows you to get medical treatment immediately, without worrying about out-of-pocket costs while your case is pending.
Basic No-Fault coverage provides up to $50,000 for:
Medical treatment related to the accident
Diagnostic testing, therapy, and rehabilitation
Necessary medical supplies
There are no co-pays, and in most cases, you are not required to repay these medical expenses. Some policies include a $200 deductible, but many do not.
How No-Fault Works Depending on Your Role
If you were the driver: Your own auto insurance policy typically pays your No-Fault benefits.
If you were a passenger: The insurance policy covering the vehicle you were in usually applies.
If you were a pedestrian or bicyclist: The insurance policy covering the vehicle that struck you generally provides No-Fault benefits.
Fault does not matter for No-Fault coverage.
What Benefits Are Available Under No-Fault?
In addition to medical expenses, No-Fault may also cover:
Lost wages: Up to 80% of your income, capped at $2,000 per month
Transportation and incidental expenses: Up to $25 per day
Certain additional benefits, depending on the policy (such as extended coverage endorsements)
Medical providers bill the No-Fault insurer directly at regulated rates, and they are not allowed to bill you for any unpaid balance.
How Long Do No-Fault Benefits Last?
In theory, No-Fault benefits may cover treatment for up to three years following the accident. In practice, benefits continue only as long as treatment is considered reasonable and medically necessary.
Insurance companies may require medical examinations to evaluate ongoing care. If benefits are reduced or terminated, other options—such as private health insurance, Medicare, Medicaid, arbitration, or treatment on a lien—may still be available.
What Happens If the $50,000 Limit Is Reached?
The $50,000 limit often stretches further than people expect because No-Fault uses standardized billing rates. In some cases, additional coverage may be available depending on the policy. Our office reviews all applicable coverages to make sure clients receive every benefit they’re entitled to.
How Do You Apply for No-Fault Benefits?
You must file a No-Fault application within 30 days of the accident. Missing this deadline can jeopardize your benefits, even if your injuries are legitimate.
That’s why it’s important to speak with an attorney as soon as possible after an accident. Our office assists clients with completing and submitting No-Fault applications properly and on time, at no additional cost.
Get Legal Help Today
Our attorney Steven R. Smith has represented injured people throughout New York for over 30 years. We take a hands-on approach to every case, helping clients secure medical treatment, lost wage benefits, and full compensation for their injuries. From managing No-Fault benefits to pursuing personal injury claims, we focus on protecting your rights at every stage.
If you’ve been injured in a motor vehicle accident or have questions about No-Fault benefits, contact us at the Law Office of Steven R. Smith. We're ready to help in any way we can!
This article is for informational purposes only and does not constitute legal advice. Every case is different, and laws may change. Consult an attorney for advice specific to your situation.