No Fault Insurance FAQs

What do I do if my expenses exceed the $50,000 available under No-Fault?

When the basic no-fault benefits have been used up, you can apply for further no-fault (additional PIP) benefits from the car you were driving or any auto insurance policy of a household member who was related to you at the time of the accident. Additional PIP is an optional, typically affordable coverage. To get your medical costs covered if Additional PIP benefits are not available, you can file a claim with your regular health insurance.

A federal Social Security disability compensation may also be available to you. In addition to the aforementioned options, you can also file a lawsuit against the party who caused the accident to collect any costs you spent that went above your insurance limit.

What if the vehicle involved was a motorcycle?

You are not eligible for No-Fault compensation if you are a motorbike driver or passenger involved in an accident (you may sue from first dollar loss). If a motorbike struck you while you were a pedestrian, you should make a claim with the motorcycle’s insurance company.

If it isn’t covered, you can submit a claim to the auto insurance company of a household member who was driving at the time of the accident. You should submit a claim to the Motor Vehicle Accident Indemnification Corporation if there was no vehicle policy in the home (MVAIC).

Can I sue for “serious injury” against another driver’s liability coverage?

If another driver caused the collision that wounded you and you suffer a “severe injury,” you may be able to file a lawsuit against them. The New York Insurance Law’s Section 5102(d) lists a number of situations that fall under the category of “severe harm”.

What are the grounds of ineligibility for coverage under no-fault insurance?

Motorcycle riders are not eligible for no-fault insurance (your policy may include MedPay coverage with more narrow benefits). Other possible grounds for rejecting your no-fault claim include:

  • You were using drugs while driving.
  • You were engaging in criminal activity while driving, such as eluding arrest.
  • You took part in a drag race or speed test while driving
  • You were intentionally operating a stolen car.
  • On the premises of a company that offers auto repair services, you were hurt while working on a vehicle.

Will my insurance rate go up after an accident?

The majority of people are aware that their insurance premiums will probably go up if they are found to be at fault in a car accident. Sadly, not-your-fault accidents can also have an impact on the cost of your auto insurance.

The more accidents you have, regardless of blame, the more likely it is that you will get in another collision because vehicle insurance is all about risk. You now represent a greater insurance risk for your business.

The impact of a not-at-fault collision on your auto insurance quote, however, is typically less severe than the impact of an accident in which you were at blame.

How Is Fault Determined in an Accident?

The majority of the time, an insurer will ascertain who was at blame in an accident by examining accident site evidence, police reports, and insurance regulations in the state where the event occurred. Depending on the degree of blame each driver bears for the collision, claims investigators in some states determine how much each motorist’s insurance will pay.

What Factors Are Used to Calculate Your Auto Insurance Premiums?

Your auto insurance premiums are calculated based on a variety of variables. They consist of, in addition to your history of accidents:

  • Your driving record
  • Your claims history
  • Where you live
  • The type of car you drive
  • How much you drive
  • Your age
  • Your gender
  • Your marital status
  • Your coverage limits
  • Your deductibles
  • Your eligibility for discounts

Even if you haven’t been in an accident, a combination of any of these elements may have an impact on your insurance costs.

Will a No-Fault Accident Appear on Your Driving Record?

You will have a no-fault accident on your driving record. Let’s say a careless driver rear-ends your car at a stoplight, breaking your back bumper. In this case, you’ll need to get in touch with your auto insurance company and submit a claim in order to be reimbursed for the repair charges.

Despite the fact that you weren’t at fault for the collision, the fact that you filed a claim and received compensation from your insurer will be recorded on your driving record.

Your driving record will typically include an auto insurance claim for 3 to 5 years. Nevertheless, the time frame may change based on your place of residence and the severity of the collision.

Who pays for the medical expenses after the accident?

As far as auto insurance is concerned, New York is a no-fault state. This implies that regardless of who caused the accident, your own motor insurance company must cover the medical costs. According to the new fall statute, the auto insurance provider of the person who was driving when you were hurt should cover your medical costs.

Your medical expenditures when you are struck while walking or riding a bicycle are covered by the insurance of the driver of the car, truck, or motorcycle that hit you. It also holds true for other non-motorized modes of transportation, such as skateboarding and rollerblading. On my scooter, I’m moving.

The majority of victims of personal injury think about filing a lawsuit when they discover they would have to foot a sizable portion of the bill for their injuries, which were brought on by the other party’s negligence.

Does health insurance cover car accidents?

Once you have exhausted all other options for coverage, the majority of health insurance companies will contribute to your medical costs related to an automobile accident. I would like to see Medicare, Medicaid, private insurance, and each have their own claim payout caps. Private and public insurance carriers have the right to request repayment for the amounts paid if you pursue your personal injury lawsuit and win.

What are the benefits of No-Fault Insurance

  • Since culpability is irrelevant, drivers can swiftly receive payment for their medical bills following an accident.
  • Less money is spent on litigation by insurers, who then pass the savings down to customers.
  • PIP, which is necessary in no-fault states, also pays for domestic services and child care in addition to medical costs.

How Much Does Liability Insurance Cost and How Much Should We buy?

How much coverage you buy affects how much liability insurance you pay for among other things. The more liability insurance costs, the larger your coverage maximum should be. If you change your limit, your insurance can let you know how much your policy will cost.

Any expenses that are greater than the liability coverage limits would be your responsibility to cover. As a result, it would be wise to raise your auto liability limits above the state’s bare minimums. Your needs should guide the customization of your liability coverage. There is no one size fits all. You might also want to think about getting an umbrella policy, which offers extra protection against riskier mishaps and legal actions.

Do I need auto liability insurance?

Yes. Every state mandates a minimum level of liability insurance, also known as “minimum coverage.” All states require property damage liability (PD) and bodily injury (BI) protection, despite the fact that the coverage kinds and amounts vary from state to state.

Some states additionally mandate property protection, uninsured or underinsured motorist coverage, and personal injury protection (PIP) insurance. Depending on your demands, you may decide to choose a higher sum than the bare minimum stipulated by your state.

Consider liability insurance as the minimum level of protection for vehicles. You cannot get collision coverage or comprehensive coverage until you have sufficient liability insurance, not to mention other optional coverages like medical payments coverage and personal injury protection.

If you don’t already have liability insurance, you should get it as soon as possible to satisfy the legal minimum insurance requirements in your state.

Are Cyclists and pedestrians entitled to No-Fault benefits?

No matter where they live or who was at fault for the collision, pedestrians and cyclists struck by cars in New York are entitled to medical care and other benefits up to the policy limitations. Residents of New York are covered by MVAIC in hit-and-run and uninsured collisions. See also Insurance for Cyclists & Pedestrians.

What happens if the crash is elsewhere? Car accidents outside New York?

The steps for making an insurance claim may be very different if you are hurt in a collision outside of New York’s borders. The topic is outside the purview of this website. New Jersey and Connecticut in the tri-state area use a modified comparative negligence system rather than a no-fault one. In essence, this system lowers the bar for suing for damages than New York State does.

However, the amount of your losses will be determined by your level of liability. You are not entitled to any compensation if the judge finds that you contributed more than 50% to the collision.

My motor vehicle liability policy does not provide physical damage (collision or comprehensive) coverage. Do I still have coverage for damage to rented cars?

Yes, rental car coverage is a part of New York’s motor vehicle liability insurance packages that:

  • less than five automobiles insured; and
  • are given to a single person or to a husband and wife. However, coverage for rental vehicles is not necessary in insurance covering specific car types, such as the majority of trucks.

You must receive information on rental vehicle coverage along with your policy documentation from your insurer. Normally, this coverage is included in your policy automatically, but you have the option to decline it if a fee is levied separately.

I have one auto insurance coverage that covers all five of my vehicles. Does my policy include coverage for a rental car?

No, only motor vehicle liability policies that cover fewer than five motor vehicles are required to include rental car coverage.

I only have $10,000 in liability insurance for property damage. What if the damage to the rented car exceeds that sum?

Your motor vehicle insurance policy’s property damage liability cap does not apply to your rental car coverage. The whole cost of any damage to the rented car would be covered by your insurance.

What happens if I don’t have a car insurance policy?

If you use your credit card to rent the vehicle, rental vehicle coverage might be offered as a perk with your credit card on a group insurance basis if you do not already have a New York State motor vehicle liability policy (or if your policy is not required to provide the coverage). If the coverage is offered and any restrictions are present, check the credit card’s summary of features.

Additionally, a rental car agency may now charge its customers a daily maximum of $9 to $12 for “optional vehicle protection,” sometimes known as a “collision damage waiver” (depending on the type of vehicle). Additionally, the rental car agency is required to inform customers about credit card insurance and auto insurance plans that can cover rental car coverage.

My policy includes “Rental Reimbursement” coverage. Does this also cover damage to the car I’m renting?

Contrary to popular belief, “Rental Reimbursement,” also known as “Transportation Reimbursement” or “Extended Transportation” coverage, is not the same as “Rental Vehicle Coverage” under your motor vehicle liability policy. Rental Reimbursement is an optional coverage that many insurers offer in addition to the purchase of physical damage coverages.

If your own car is damaged and temporarily out of commission as a result of a covered loss, this extra coverage will pay the cost of renting a replacement vehicle until it is fixed or is deemed a total loss. Under comprehensive coverage, this kind of coverage is automatically given in the event of a theft loss.

What distinguishes a policy’s “cancellation” from its “non-renewal”?

A personal auto insurance coverage must comply with the Insurance Law’s mandated one-year policy period in order to stay in force. A “non-renewal” occurs when an insurer chooses not to continue the policy after this time period has passed. A “cancellation” occurs if the insurer ends the insurance at any other time (which is only permitted in certain situations).

My car insurance has been terminated! Can the business accomplish this?

An insurer may terminate any new personal auto insurance policy within the first 60 days for any reason as long as it follows its established underwriting policies, which are not required to be submitted to the Department of Financial Services. A policy may only be terminated in the middle of its term (after 60 days on a new policy) for the following reasons:

  • every anyone who regularly drives an automobile covered by the insurance, including the named insured, will have their driver’s license suspended or revoked (except administrative suspensions);
  • finding of fraud or significant deception during the application for the policy or the filing of a claim; or
  • absence of premium payment. However, as further covered in the section “Trouble Getting Coverage,” plans in the NYAIP (New York Automobile Insurance Plan, often known as the “assigned risk” plan), may be subject to extra requirements for cancellation.

My insurance company claims it won’t renew my coverage. What should I do?

A notice to the policyholder must be mailed between 45 and 60 days prior to the policy expiration date when a non-commercial motor vehicle insurance is not renewed as required by the Insurance Law. This gives the insured enough time to take action and get additional insurance, as well as to get in touch with additional agents, brokers, or insurers that write direct business.

In each rating territory, an insurer is allowed to refuse to renew up to 2% of its non-commercial auto policies each year, plus one policy for every two new ones that are written.

The insurer’s established underwriting rules, which are not needed to be filed with the Department of Financial Services, must be followed for any non-renewals. An annual report from private passenger automobile insurance is used by the Department to closely monitor compliance with the aforementioned statutory 2% limits.

How do I exit the “assigned-risk” plan, why am I in it, and why is it so expensive?

If a consumer is unable to find an insurer in the voluntary market who would provide them a policy, they may be assigned to an insurance firm on an involuntary basis through the NYAIP (New York Automobile Insurance Plan). The policyholders who make up the NYAIP are individuals who an insurer does not think can be insured at a reasonable profit, typically due to poor driving records, having little or no prior driving experience, or having had a specific “frequency of claims.”

The cost and accessibility of motor insurance are decided by a competitive insurance market, supported by data on actual losses, and under the Department of Financial Services’ supervision. Since the loss experience for these drivers as a group is continuously worse than the losses and costs of those in the voluntary market, the rates for policies written via the NYAIP are often higher.

If you are currently covered by the NYAIP, your insurer is required to keep you covered for a further three years. Despite this, you are free to look for another coverage on the voluntary market at any time. In order to find the finest coverage and service at the most affordable price, consumers are always encouraged to shop in New York State, which promotes an actively competitive optional automobile insurance market.

If you are in the NYAIP or dissatisfied with your current insurer, it really pays to look around for automobile insurance because insurance costs can vary greatly from one insurer to another. You can get in touch with a number of agents, brokers, and insurers who sell their products directly to customers.

Does my residence have an impact on my vehicle insurance rates?

Insurance premiums are calculated based on the company’s underlying costs, which include the quantity and seriousness of claims. To reflect variations in claim costs in those territories and other factors, New York State is divided into numerous unique rating territories that are filed by individual insurers.

Variations in insured costs are influenced by traffic patterns, demographics of the population, and prices for products and services. For instance, if Town A has seen greater losses than Town B, Town A’s vehicle insurance premiums will be higher than Town B’s.

What reductions/discounts are available for my auto insurance?

There are several discounts that can be used to lower the price of a person’s auto insurance policy. Among them are:

  • course on preventing accidents.
  • air bags or automatic seat belts.
  • system of anti-lock brakes fitted at the factory (ABS).
  • preventing theft tools (such as alarm systems or ignition “cutoff” devices, certain electronic-tracking devices, or qualifying identifying window glass etching).
  • involvement in a programme designed to combat auto theft (CAT).
  • Daytime running lights that are pre-installed (DRL).
  • “Cautionary Driver” or “Accident-Free.”
  • A “Multi-Policy” or “Account” discount.
  • Driver Training (for operators under age 21)
  • Multi-Car

Can my insurance provider increase my rate because of a collision or a ticket?

A surcharge is the name for such an increase. Surcharges are based on the idea that a driver who has a history of being involved in traffic violations or who has been involved in one or more accidents in the past is more likely to cause accidents in the future.

Drivers are “classified” by insurers based on factors such as their age, location, mileage, and vehicle type. Many insurers employ “merit rating programmes,” a point system in which increases are made based on a specific driver’s record, to further clarify those classifications (traffic convictions and accidents).

Surcharges are only permitted for the following situations and are applied to liability (bodily injury & property damage), collision, and no-fault (PIP) coverages:

  • accidents resulting in physical harm or property losses of more than $2,000 where the insured driver is at fault, or
  • convictions for specific Insurance Law offenses that are punishable by fines.

Instead of being used to collect payments made in connection with claims, a surcharge is a technique used by the insurer to accurately price the exposure it is writing. The overall amount of money paid out as a consequence of a claim has no bearing on the fee.

If an insured party is subject to a surcharge for a specific accident, they must pay the same amount whether the damages were, for instance, $3,000 or $50,000. Additionally, if you have two or more accidents or minor convictions within a specific time frame (often within about 3 years), which would not ordinarily be surchargeable for only one incident as described above, a surcharge might be applicable.

Why do teenage drivers’ auto insurance rates go up?

The average experience of a group of people with similar characteristics is used to determine insurance rates (classification). Younger drivers historically have had worse loss experiences than older drivers, both in terms of the incidence and cost of accidents. Younger drivers pay their fair share of the cost of insurance by being charged higher rates, and older drivers are not required to foot the bill.

Additionally, rates are typically higher for men since they routinely file fewer and/or less serious claims than women drivers do.

Is it legal for my insurance provider to automatically enroll my child on my policy?

Even though a youngster may only have a learner’s permit, an insurer is allowed to take all resident operators of an insured vehicle into account when determining the premium for a car policy. This is owing to the fact that insurers are allowed to use classifications that represent a potential liability exposure on their end, in the event that a youngster operating the vehicle causes bodily harm or property damage.

However, this designation of “limited use” is rated lower than if the young driver were the “primary operator” because there is less chance of an accident as a result of “occasional” driving. Additionally, students who commute more than 100 miles to school typically qualify for a discounted cost.

How can I tell if the premium I’m being charged is correct?

Every year, this Department receives a large number of inquiries from individual insureds about the premiums they paid for their private passenger motor insurance contracts. If the data used to rate the insurance is accurate, we have discovered that insurers have rated the coverage accurately in the vast majority of instances. It is crucial that you check your policy declarations page(s) to make sure the data is accurate.

An insurer must include a Rating Information Form with your policy by law, outlining the details of the items included on your declarations. The insurance declarations page shall also set forth the dollar amount of all discounts and surcharges.

My insurance provider is giving me a rating based on something that didn’t happen (such an accident or traffic infraction). Where did this data originate from, and how can I fix any mistakes?

Automobile insurers may receive information about your insurance and driving history from sources other than the Department of Motor Vehicles. One such resource is the information database utilized by insurers, called CLUE (Comprehensive Loss Underwriting Exchange). This system, which works like a credit reporting bureau, collects information from insurers about the claim histories of their previous and current insureds.

An insurer may ask this system for a report on an application or insured while writing and/or rating a policy. The entitlement to pertinent information about any risk that the insurer may be considering taking includes information on driving infractions and/or accidents.

Every time an insurer uses CLUE to decide or alter your policy, they are required to let you know. Regardless of the source, the insurer should always double check any information that it uses to make underwriting decisions. In any case, you can ask your insurer for more information on how to get a copy of your CLUE report if information from the report has been used against you.

What does deductible mean?

A deductible is a sum of money that you consent to pay out of pocket in the event that one of your policy’s physical damage (collision or comprehensive) coverages results in a loss. To allow insureds freedom in the cost of insurance and the amounts they desire to be responsible for, deductibles are offered on several coverages. You can lower the cost of your auto insurance by increasing the deductibles for the physical damage insurance policies.

In order to decide whether it makes sense for you to absorb a greater share of your loss in the event of an accident in exchange for a lower premium charge, you should check the amount of the deductibles you already carry on these coverages. According to the law, your insurance must tell you of any potential savings that could result from changing your deductibles.

Will my insurance cover me if I drive a rental car?

When you operate a rental car, your motor vehicle liability insurance coverage covers you for no-fault, bodily injury, and property damage responsibility. However, this coverage is offered on a “excess” basis, which means that if the loss or damage exceeds the insurance coverage offered by the rental car operator, your policy will still protect you. The rental car agency is required to offer the minimal coverage if the car was rented in New York State (see “How much insurance do I need to carry?” above).

Renters may be held liable by the rental car business for loss or damage to their automobiles, including lost use. However, subject to certain policy exclusions and other limitations (see Collision Damage Waivers (or Optional Vehicle Protection) and Rental Vehicle Coverage: Some Questions and Answers), your motor vehicle liability policy might cover this expense.

It’s crucial to be aware that, unless “optional vehicle protection” coverage is purchased from the rental car business, you have insurance coverage through your credit card or your auto insurance policy, you could be held entirely responsible for damage to a rented vehicle.

What if, when renting a car, I don’t have a motor vehicle insurance policy?

In New York, rental car firms are required to carry insurance or self-insure up to the minimal liability levels allowed by the law. However, individuals who frequently use non-owned vehicles, such as for business purposes or frequent automobile rentals, may wish to think about acquiring liability coverage over the required minimums. Some insurance companies provide “Non-Owned Automobile Liability Coverage” plans, which give the insured person bodily injury and property damage liability coverages.

Some rental car agencies have insurance agent licenses that allow them to provide extra liability insurance with larger limits than those offered by the rental agency. Additionally, additional insurances like accident and health and personal effects coverages could also be provided by the rental company.

What happens if a car that isn’t insured hits me?

You, the people who live in your household, and the people who are riding in your car are covered by uninsured motorist coverage in the event that they sustain injuries as a result of the carelessness of an uninsured driver or a hit-and-run driver in an accident that takes place in the state of New York.

This coverage allows you to file a claim with your auto insurance provider if anyone in your vehicle is hurt by an uninsured driver or a hit-and-run driver, if you or a member of your family is hurt while riding in an uninsured vehicle, or if you are hurt as a pedestrian by an uninsured or hit-and-run driver. You might be insured by such coverage even if you don’t own an automobile but a family member does. You may still be qualified for uninsured motorist protection from the Motor Vehicle

Accident Indemnification Corporation if no other coverage is available when you are hurt as a pedestrian by an uninsured vehicle, a hit-and-run driver, or as an occupant of an uninsured vehicle in New York State (MVAIC).

Additionally, you might want to think about getting SUM insurance to protect yourself from out-of-state collisions and the possibility of a collision with another car whose negligent owner or operator may have had third-party bodily injury insurance, but only at relatively low liability limits in comparison to your own.

I’m going to an insurance broker to get a policy. What do I need to know or inquire about to make a wise choice?

Ask the person you are speaking to if they are a registered broker or agent (producer). Look at his or her license if you can, and note the insurance license number and expiration date. Avoid doing business with this person if the license is out of date.

  • The name and address of the producer as they are shown on the license must be on the temporary ID card for your new coverage.
  • Avoid paying premiums in cash, and always have the producer sign a breakdown of all payments made to them (a detailed receipt). Additionally, demand that
  • Any fees not associated with premiums be paid separately.
  • Always indicate the payment’s purpose on the check.
  • Always fill out the application honestly.
  • Never sign an incomplete application.
  • Never sign any document without reading it.
  • A copy of the application and any other documents that you signed should always be obtained.

Be mindful that producers frequently impose service charges. The insured must express written consent to the fee’s amount in order for it to be collected. The producer’s fee for NYAIP business is capped at $50.00 annually, plus the actual cost of using the Electronic Submission Procedure, DMV Reports for non-New York operators, Express Mail, and Certified Mail.

If you disagree with a service fee, you can try to reach an agreement with the producer or look for another producer whose service cost policy you can live with.

Examine any additional fees in detail. Some suppliers market “Motor Clubs,” which could offer other services besides towing. Comparing these clubs to the more well-known national car clubs, many of them offer very few services for a larger price. Additionally, another source may already provide towing services to you. For the purposes of insurance, these services are not necessary.

For my auto insurance, my broker gave me a quotation, but when I received the policy, the premium was significantly more. Must I pay the premium that the insurance provider is requesting? Why?

Yes, you must pay the premium that the business is requesting. According to the rates they have on file with this Department, the corporation must charge the premium. The company’s premium could be greater than the broker’s quote for a number of reasons.

For instance, the business can be charging extra for a ticket or accident that the broker was unaware of. You may submit a complaint with this Department if you believe that your broker intentionally provided you with a false quote in order to sell you the policy.

My broker provided me with an estimate for my auto insurance, but when I received the policy, the cost was significantly more. Is it necessary for me to pay the premium that the insurance provider is requesting? Why?

You must pay the premium that the corporation is requesting, yes. The business must base the premium on the rates that are listed on their documents with this Department. The premium charged by the company could differ from the broker’s quote for a number of reasons.

For instance, the business might be adding a surcharge for a collision or ticket that the broker was not made aware of. If you believe that your broker intentionally provided you with a false quote so they could sell you the insurance, you may complain to this Department.

Why do I have to pay a broker’s fee when the insurance company gives the broker a commission on my policy?

The Insurance Law permits the broker, with the insured’s written consent, to impose a fee above and above premiums. The insured must sign a contract confirming the fee amount before the broker can collect it. There is no cap on the amount that can be charged once the correct form is signed, as long as the charge is acknowledged in the contract.

For applications submitted under the Assigned Risk Plan, the New York Automobile Insurance Plan (Assigned Risk Plan) caps the broker’s fee at $50.00. A broker may charge the insured under an assigned risk insurance the actual costs associated with using the Electronic Submission Procedure, DMV Reports for non-New York operators, Express Mail, or Certified Mail. However, the insured is free to look around for a broker without fees.

I was in an accident, and the police report included a three-digit code for the insurance company of the opposing side. How can I determine whose business is identified by this code?

Please select this link to locate the name and address of the company in question. You may also contact this Department at 212-480-6400 or 1-800-342-3736.

I was hurt or lost. How can I file a claim?

Requesting a claim form in writing from the insurance provider with which you desire to file the claim. Additionally, you must inform your own carrier.

What is an adjuster?

There are two types of adjusters licensed by this Department, independent and public.

Claims are handled by an Independent Adjuster on behalf of an insurance provider. This person is paid by the business for which he or she reviews and adjusts claims, either in the form of fees or compensation.

The claimant hires a Public Adjuster to assess the loss and negotiate a loss settlement on his or her behalf with the insurance provider or its adjuster. The Public Adjuster’s fee must be specified in a documented agreement and is based on an agreed-upon percentage of loss that is restricted to twelve and a half percent (12.5%).

What is an appraisal clause?

A clause known as the appraisal clause, which may be present in your policy, is used to settle disputes in which the only issue is the quantity of damages. According to the provision, each appraiser is chosen by the claimant and the firm, and then they are left to reach a consensus. An umpire is chosen to make a decision for disputes that the appraisers are unable to settle.

Either my automobile was stolen or I was in an accident. How much is the value of my car?

By writing to this Department and supplying the following information, you can get an estimate for your car:

  • The Vehicle Identification Number(VIN);
  • Year, make, and model;
  • Four door/two door/station wagon/hatchback;
  • Engine size, e.g., 4, 6, or 8 cylinder;
  • All major options – a/c, p/w, a/t, or m/t, etc.;
  • Mileage;
  • Date of loss;
  • A daytime phone number where you can be reached should additional information be needed.
  • any aftermarket options;
  • Zip Code

You will receive a valuation in the mail based on the Red Book and NADA book retail values after your request has been processed.

When determining the value of a total loss, must the insurance company consult the Red Book and the NADA book?

No. Regulation 64 permits insurance firms to employ a variety of techniques for determining the value of a Total Loss. Although the insurers’ permitted options include the average of the Red Book and the NADA book, it is not the only one. A market analysis or getting “a quotation for a substantially identical car, acquired by the insurer from a qualified dealer situated reasonably convenient to the insured” are a couple of the other methods.

What does “recourse” mean to me?

You have 35 days from the date of sending the settlement cheque to deliver a letter to the firm declaring that you are unable to find a comparable vehicle for the offer offered, in accordance with Regulation 64, which governs the computation of most vehicle total losses.

The firm (or you) must then locate a car that is substantially identical (same year, make, model, condition, and mileage) and that is for sale, and you must either pay the difference or, with the insured’s consent, purchase the vehicle.

Which motor insurance do I require?

According to New York law, all vehicles must have a minimum amount of liability insurance covering $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people, $10,000 for damage to other people’s property, and $50,000 for Personal Injury Protection (PIP), also known as No-fault insurance.

Any one accident is covered by these minimum coverage requirements. However, it is advised that you take into account raising the amounts of your liability coverages depending on your particular scenario and the assets you would like to safeguard.

What extra auto insurance should I think about getting?

To safeguard your vehicle from theft or damage, you can think about getting Comprehensive and Collision coverage. To further safeguard you and your family, insurers also provide Additional PIP and Supplementary Uninsured/Underinsured Motorists coverage (SUM).

For more general information on auto insurance, it is advised that you read the Department’s guidance on Shopping for Automobile Insurance.

To assist you choose the kinds of coverage that are best for you, you can also consult the producer or insurer.

Is the New York Automobile Insurance Plan (NYAIP) being added to my policy?

A mechanism set up by law to provide insurance to applicants who are unable to acquire coverage on the voluntary market is the NYAIP, also known as the “Assigned Risk Plan.” The NYAIP only offers insurance as a last resort, hence the rates are typically higher than those for insurance purchased on the open market. Consumers that comparison shop typically receive the best value for their insurance dollar.

Does my insurance cover me against a lawsuit from a spouse who was injured?

The typical auto policy does not necessarily offer protection for an insured against liability resulting from the death of or injury to a spouse. The insured may, however, choose to purchase Supplemental Spousal Responsibility, which does protect the insured against liability resulting from the death or injury of a spouse.

How does my credit history affect the cost of my insurance?

Your credit history may have an impact on the rate charged by insurers who use consumer credit information as part of their underwriting process. However, it is against the law for insurers to turn down an insurance application purely based on credit information or to use credit in any other way to cancel a policy or raise the cost of a renewal policy. The usage of credit information by insurers must be disclosed to policyholders.

Is there a different cost associated with getting the policy?

If you sign a written memorandum agreeing to the stated amount for services rendered by the broker in getting the policy, the insurance legislation permits the broker to charge a separate fee for policies obtained through a broker. The most that can be charged for NYAIP policies is $50.

Remember that you have the choice of contacting an insurer that works with the general public directly, working with an insurance agent, or searching for a broker that offers these services without charging a fee. It should be emphasized that an insurance agent, unlike a broker, is not permitted to charge a fee for services provided in the acquisition of an insurance policy.

What special offers are there?

While some mandated discounts (such those for cars with airbags, anti-lock brakes, or daytime running lights, or for completing a DMV-approved accident prevention course) must be offered by all insurers, many of them also provide a wide range of additional discounts that may potentially apply to you.

To find out if you currently qualify for any of the available discounts, inquire with the insurer or producer about the discounts that the insurer offers.

Are there any ways to reduce my insurance premium for novice drivers?

Many insurance companies give young drivers discounts. If a young driver attends a college more than 100 miles away (i.e., is a “resident student”), satisfies certain academic standards (i.e., is an “excellent student”), or has completed a driver’s education course, you may be eligible for a discounted premium.

Would my policy not be renewed if I get into an accident or am found guilty of a traffic infraction?

The underwriting policies of your insurer will determine this. Generally speaking, an insurer is permitted to refuse to renew up to 2% of its policies annually based on objective grounds. The particular cause for the policy’s non-renewal must be stated in the notice given by the insurer.

If you’re guilty of certain traffic infractions, you should also be informed that your premium is likely to be raised for three years through a surcharge (e.g. speeding more than 15 MPH over the legal limit, leaving the scene of an accident without reporting or driving while intoxicated).

Will purchasing a brand-new vehicle have an impact on the price and eligibility of a policy?

The physical damage coverage (Collision and Comprehensive) premiums are calculated based on the anticipated cost of future claims for loss or damage to the vehicle. In general, insurance for more expensive cars is more expensive. For details regarding individual vehicles, please refer to Sections X.

Rating Basis For Physical Damage Coverages and XI. Difficult-To-Insure Vehicles of the Consumer Guide to Automobile Insurance. Additionally advised is getting an insurance estimate before investing in a new car.

What is a transportation network company (“TNC”)?

A TNC is a person or organization that has obtained a license under VTL Article 44-B and operates solely in New York State using a digital network (often a smartphone application) to link passengers with drivers who offer planned trips. TNCs include companies like Uber and Lyft.

When does using or operating a car as a TNC vehicle constitute a violation of VTL Article 44-B by the driver?

When a driver is logged into a TNCs digital network or when they are on a pre-planned journey, they are using or operating the vehicle as a TNC vehicle.

When do a planned trip’s beginning and end?

A prepared trip starts when a driver accepts a passenger’s request for a trip made through a TNC digital network, continues as the driver carries the requested passenger in a TNC vehicle, and concludes when the last requested passenger leaves the vehicle.

Are buses, limousines, black cars, taxicabs, for-hire vehicles, livery vehicles, or other types of vehicles covered under VTL Article 44-B?

No, according to Article 44-B, livery vehicles, taxicabs, for-hire vehicles, limousines, black automobiles, and buses are not considered TNC vehicles. These vehicles must abide by all other state and local laws and regulations since they are not covered by Article 44-B.

Do arrangements for shared-cost carpooling or vanpooling fall under VTL Article 44-B?

No, shared expenditure carpool or vanpool arrangements are not covered by VTL Article 44-B. All other applicable state and local laws and regulations must be followed by shared expense carpool and vanpool arrangements.

Can a driver use or operate a car that has been sponsored or leased as a TNC car?

Before utilizing or operating his or her car as a TNC vehicle, a driver who leases or finances it should study the terms of the leasing or financing agreement to make sure doing so will not conflict with the conditions of the leasing or financing arrangement.

Does VTL Article 44-B apply to the full state of New York?

No, a prearranged journey beginning in New York City is not covered by VTL Article 44-B. Even though a TNC digital network was used, a vehicle picking up a passenger in New York City is still required to abide by all other state and city laws.

Does VTL Article 44-B apply if a TNC driver picks up a passenger outside of New York State?

No, if a TNC driver picks up a passenger outside of New York State, VTL Article 44-B does not apply. Only when a TNC driver picks up a passenger in New York State is VTL Article 44-B applicable (but outside New York City).

Does VTL Article 44-B apply if a TNC driver picks up a passenger in New York State (but outside of New York City) then drops the passenger off outside of New York State?

Yes. If a TNC driver picks up a passenger in New York State (but outside of New York City) and drops the passenger off outside of New York State, VTL Article 44-B is applicable.

Does VTL Article 44-B apply if a TNC driver picks up a passenger in New York State outside of New York City and drops the passenger off in New York City?

Yes. If a TNC driver picks up a passenger in New York State outside of New York City and drops the passenger off in New York City, VTL Article 44-B is applicable.

What kind of insurance is required to operate a TNC vehicle?

A TNC driver must maintain an active insurance policy that includes UM coverage and personal injury protection (no-fault) insurance in order to satisfy the financial responsibility requirements outlined in VTL Article 6. Additionally, while logged into the TNC’s digital network and while driving on a pre arranged trip, a TNC driver, or the TNC acting on the driver’s behalf through a group insurance policy, must maintain insurance that recognises the driver as a TNC driver and provides financial responsibility coverage in accordance with VTL Article 44-B.

What insurance restrictions are necessary in accordance with VTL Article 44-B when a vehicle is used or operated as a TNC vehicle?

The insurance policy must offer at least $75,000 for bodily injury to or death of one person in a single accident, at least $150,000 for bodily injury to or death of two or more people in a single accident, and at least $25,000 for injury to or destruction of property of others in a single accident (“75/150/25” coverage) when a driver logs onto the TNC’s digital network (Period 1). Uninsured motorist (“UM”) coverage and personal injury protection (“no-fault”) coverage are also required under the policy.

The insurance policy must include at least $1,250,000 in coverage for bodily injury or death of any person, damage to or destruction of property, supplemental uninsured/underinsured (“SUM”) insurance of $1,250,000, and personal injury protection (“no-fault” insurance) when a driver is on a pre arranged trip (Period 2).

Multiple insurers or policies may offer the financial responsibility coverages necessary to satisfy VTL Article 44-B.

Yes. A TNC driver may receive the financial responsibility coverages required by VTL Article 44-B in a single insurance or by combining multiple policies, such as a TNC group policy, which may be issued by various insurers.

When a car is used or operated as a TNC vehicle, does VTL Article 44-B need the driver to have physical damage coverage?

No. When a vehicle is utilized or operated as a TNC vehicle, VTL Article 44-B does not require a driver to have physical damage coverage for their own car. However, nothing prevents a driver from getting bodily damage insurance or an insurer from providing it. Additionally, under some conditions, certain TNC group insurance might cover physical damage to the car.

Must an insurer licensed to conduct insurance business in New York State issue the TNC group policy?

Unless the insurance is not offered by permitted insurers, a TNC group policy must be issued by an insurer licensed to conduct insurance business in the state of New York. In this situation, a New York-licensed excess line broker may be used to get the group coverage from an unlicensed insurer.

The excess line broker is required to abide by the Insurance Law and any rules made under it, such as Insurance Law Sections 2105 and 2118 and 11 NYCRR 27. (Insurance Regulation 41).

What happens if an insurer who issues a TNC group coverage is not permitted to conduct insurance business in New York State?

Insurance companies that are not permitted to do insurance business in New York State are not regulated by the New York Department of Financial Services. As a result, not all of the Insurance Laws and the rules issued thereunder are applicable to these insurers. Additionally, they are not subject to a New York guaranty fund in the event the insurer becomes insolvent or goes out of business and is unable to pay claims, nor are they required to submit their rates to the Department for prior approval.

Can the insurer offer distinct liability limits (also known as “split limits”) for TNC coverages and non-TNC coverages if the company that issued the policy the driver used to register the car also provides coverage for when the driver uses or operates the car as a TNC vehicle?

Split limits are typically not permitted in liability plans used to meet the VTL’s financial responsibility standards. A liability policy must always offer the same degree of protection. However, the new law only enables the enhanced limitations required to comply with the minimum requirements of VTL Article 44-B, not distinct liability limits to satisfy TNC requirements under Period 1 or Period 2.

A “25/50/10” policy, as an illustration, offers the minimal level of financial responsibility coverage mandated by VTL Article 6. Accordingly, the policy must include at least $25,000 for bodily injury and $50,000 for a person’s death in a single accident, $50,000 for bodily injury and $100,000 for a person’s death in a double- or multiple-person accident, and $10,000 for property damage in a single accident.

The policy may be endorsed with 75/150/25 coverage, which would only apply for Period 1 TNC activities, if a driver purchased additional coverage for Period 1 to satisfy VTL Article 44-B.

The insurer may not restrict the TNC Period 1 coverage to only 75/150/25 coverage, however, if the driver had acquired higher coverage, such as 100/300/25 coverage. For all coverages, the full 100/300/25 limitations must be given to the driver.

Different liability limits for the vehicles covered by the policy may be provided if the driver gets a separate business multi-vehicle insurance policy that satisfies the financial responsibility criteria of VTL Article 44-B.

No. If a driver purchases a separate business multi-vehicle insurance policy that complies with VTL Article 44-B’s financial responsibility requirements, the policy cannot specify different liability limits for the vehicles covered by the policy. The liability limitations on all vehicles covered by the policy must be the same.

Is it necessary for every TNC to keep a group policy that covers cars utilized or driven as TNC cars in New York State?

Yes. Even if the TNC driver has additional insurance that complies with the requirements of Article 44-B, a TNC must always maintain a group policy that protects vehicles using its digital network to operate as TNC vehicles in New York State.

What kind of proof of TNC insurance coverage is required for drivers taking part in TNC programmes?

While engaging in a TNC programme, a driver is required to always have evidence of coverage that satisfies VTL Article 44-B. The evidence of coverage needs to be in the format the Commissioner of Motor Vehicles has established. In addition to the evidence of coverage required by VTL Article 6, this is also required.

When a motorist is obliged by law to provide an insurance identity card, they must do so using the card they received when they registered their car as well as the card required under VTL Article 44-B if they were using a TNCs digital network or taking a journey that was organized by the company.

If the insurance the TNC driver obtained to use or operate the driver’s vehicle as a TNC vehicle expires or does not offer the financial responsibility coverages required by VTL Article 44-B, who is liable for an insurance claim?

The group policy of the TNC is obligated to offer the coverage needed by VTL Article 44-B, starting with the first dollar of a claim, if the insurance the TNC driver acquired to use or operate the driver’s car as a TNC vehicle expires or does not give it. The TNC group policy’s insurance provider also has a responsibility to fight the accusation.

Does the denial of an insurance claim by the company that supplied the insurance policy the driver used to register the vehicle have any bearing on coverage under the TNC group policy?

No.  Coverage under the TNC group policy is not dependent upon the denial of a claim by the insurer that issued the insurance policy the driver used to register the vehicle.

It’s possible that the insurance policy a driver used to register his or her car with will not give coverage when the driver is connected to a TNCs digital network or while providing a pre-planned journey for a TNC.

Yes.  The insurance policy the driver used to register his or her vehicle may exclude coverage, including personal injury protection (no-fault) insurance, when the driver is logged onto a TNCs digital network and while a driver provides a TNC pre-arranged trip, provided that the policy contains such an exclusion. A driver should review his or her policy to ascertain whether it may provide coverage when the vehicle is being used as a TNC vehicle.

Can the insurance company that supplied the policy the driver used to register his or her car terminate it based just on the fact that the car is being used by a TNC?

No, the insurance company that offered the policy the driver used to register his or her car cannot revoke the coverage based only on the fact that the car is being used by a TNC. At the end of the annual policy term, the insurer may choose not to renew the coverage or raise the driver’s insurance rates in accordance with its underwriting and rating guidelines.

If a driver is involved in an accident while using or operating his or her vehicle as a TNC vehicle, can the insurer increase the rate for the insurance policy the driver used to register the vehicle?

If a driver is involved in an accident while using or driving a TNC car, the insurer is not permitted to surcharge the insured under the insurance policy that the driver used to register his or her vehicle, unless the accident resulted in a conviction for a moving traffic infraction. However, the cost for the Article 44-B coverage may be increased in accordance with the insurer’s authorized rating guidelines if the policy also includes the financial responsibility coverages mandated by VTL Article 44-B.

Can an umbrella policy for a driver’s car exclude coverage for an accident that happens while the driver is using or operating the car as a TNC car?

Yes. An accident that takes place when the driver is utilizing or operating the driver’s car as a TNC vehicle might not be covered by the driver’s umbrella policy.

If a driver sustains an injury while using or operating their own vehicle as a TNC vehicle, are they eligible for workers’ compensation benefits?

The New York Black Car Operators’ Injury Compensation Fund, Inc. provides workers’ compensation benefits to drivers who were participating in pre arranged trips and drivers who were logged onto TNC digital networks but were not participating in pre arranged trips but were participating in activities that were reasonably related to driving as a TNC driver taking into account the time, place, and manner of such activities at the time of the injury.

When a motorist is logged into multiple TNC digital networks at the same time, which insurance policy must offer coverage?

The personal injury protection (no-fault insurance) benefits must be provided by the insurer who receives the claim first. The insurer may then, if necessary, ask other insurers for payment. Personal injury protection (no-fault insurance) benefits must be provided under the TNC group policy if it is disputed whether a driver was using or operating a car as a TNC vehicle. The language of the applicable policies will determine which policies provide coverage and to what extent with respect to a liability claim.

Can a TNC group policy include a retention limit or liability deductible?

No.  A TNC group policy may not include a liability deductible or retained limit.

Where should I submit my No-Fault claim and when?

According to Regulation 68, “in the event of an accident, written notice shall be given by, or on behalf of, each eligible injured person to the applicable No-Fault insurer, or any of their authorized agents, as soon as practicable, but in no event more than 30 days after the date of the accident, setting forth details sufficient to identify the eligible injured person and reasonably obtainable information regarding the time, place, and circumstances of the accident.”

If you were a driver or passenger, you should make your claim with the insurance provider for the vehicle; if you were a pedestrian, you should file your claim with the insurer for the vehicle that hit you. You can make a claim with the insurer of a household relative who was covered by an auto policy at the time of the accident if you don’t know the driver of the car that hit you or if the car was uninsured.

You should submit a claim to the Motor Vehicle Accident Indemnification Corporation if there was no vehicle policy in the home (MVAIC). You can call MVAIC by phone at (646) 205-7800 or by visiting their website, www.mvaic.com, for further information.

What should I do if my expenses are more than the $50,000 covered by No-Fault?

When the basic no-fault benefits have been used up, you can apply for further no-fault (additional PIP) benefits from the car you were driving or any auto insurance policy of a household member who was related to you at the time of the accident. Additional PIP is an optional, typically affordable coverage.

To get your medical costs covered if Additional PIP benefits are not available, you can file a claim with your regular health insurance. A federal Social Security disability compensation may also be available to you. In addition to the aforementioned options, you can also file a lawsuit against the party who caused the accident to collect any costs you spent that went above your insurance limit.

What if a motorcycle was the involved vehicle?

You are not eligible for No-Fault compensation if you are a motorbike driver or passenger involved in an accident (you may sue from first dollar loss). If a motorbike struck you while you were a pedestrian, you should make a claim with the motorcycle’s insurance company.

If it isn’t covered, you can submit a claim to the auto insurance company of a household member who was driving at the time of the accident. You should submit a claim to the Motor Vehicle Accident Indemnification Corporation if there was no vehicle policy in the home (MVAIC).

Can I file a “severe injury” claim against the liability insurance of another driver?

If another driver caused the collision that wounded you and you suffer a “severe injury,” you may be able to file a lawsuit against them. The New York Insurance Law’s Section 5102(d) lists a number of situations that fall under the category of “severe harm.”

In what ways has the Department’s issue of the new Regulation 68 in September 2001 affected the regulation of automotive No-Fault insurance?

Numerous modifications to Insurance Regulation 68 that were effective on April 5, 2002 affected how No-Fault claims were handled. The new Regulation required that lost salary claims be submitted within 90 days and changed the window for submitting written notices of claims from 90 to 30 days and medical expenses from 180 to 45 days, respectively.

The new law also included updated guidelines for the language and acceptance of No-Fault assignments, as well as procedures for the electronic data transmission of claim information. The updated regulation also changed a number of the administrative processes related to no-fault arbitration and conciliation.

When do the new rules that set deadlines of 30 days for written notices of claims, 45 days for medical bills, and 90 days for claims for lost wages go into effect?

All new and renewed policies that contain the new requirements must have new mandated endorsements issued by insurers by April 5, 2002. Only claims arising under policies issued with the new endorsement can be subject to these criteria.

Can an insurer change an existing policy’s No-Fault endorsement before the term expires?

No, the new endorsement is only available with new policies or at the time of an existing policy’s yearly renewal that is issued after April 5, 2002.

Do the new deadlines begin to apply from the date that notice or a submission of claims is made to the insurer or from the date that the insurer receives notice or a submission of claims?

The revised deadlines take effect on the date that notice or a claim submission is made to the insurer. For instance, in order to satisfy the notification requirement, which starts the day following the date of the event, if the accident happens on January 1, notice of the claim must be mailed or filed to the insurer no later than January 31.

When do the new deadlines for self-insurers of 30 days for a written Notice of Claim, 45 days for the filing of medical bills, and 90 days for the submission of claims for lost wages go into effect?

Self-insurers, which do not issue endorsements, must apply the new requirements on all claims that result from accidents that occur on or after April 5, 2002.

What dates do the new claims practice procedures mandated by the amended Regulation 68 go into effect?

The new claims practice procedures set forth in Regulation 68-C are applicable as of April 5, 2002, subject to certain clarifications or exceptions. These explanations and exceptions are made:

  • Insurers shall pay simple interest on outstanding claims arising out of incidents occurring on or after April 5, 2002.
  • For claims that insurers receive on or after April 5, 2002, the Explanation of Benefits must be provided.
  • Claims resulting from accidents that happen on or after April 5, 2002 are no longer eligible for the assignment of benefits for other necessary expenses.

Is there a specific form that a self-insurer or No-Fault insurer must use in order to obtain extra claim verification?

No such requirement exists within Regulation 68.

Where can I find a copy of the AAA Form AR1, which requests arbitration under the New York Motor Vehicle No-Fault Insurance Law?

For more information on how to file for no-fault arbitration, click the link or go to the American Arbitration Association website. AAA Form AR1 is also available there.

The amended Regulation 68 expressly gives the arbitrator the option to decide whether to simply consider written arguments when resolving disputes involving sums less than $2,000 in value. When does this rule become operative?

All arbitration requests submitted on or after April 5, 2002 are subject to this rule.

Under certain conditions, the arbitrator may impose costs against the petitioner in accordance with the First Amendment to Regulation 68-D. When does this rule become operative?

All arbitration requests submitted on or after April 5, 2002 are subject to this rule.

I was granted a No-Fault Arbitration ruling over a month ago, but the insurance has not yet paid me. What ought I to do?

An applicant or applicant’s attorney may submit a written enforcement request to the Department’s Property Bureau if a conciliation agreement, settlement letter issued by the American Arbitration Association (AAA), or arbitration award is not paid within 30 days of the date the agreement was mailed to the parties. The Department expects insurers and self-insurers to either furnish the Department with evidence that full payment was made or an explanation as to why payment was not made with each request for enforcement.

An additional attorney’s fee must be paid by the insurer when the attorney writes to the insurer in order to collect the late payment if the insurer fails to make payment in line with the terms stated in the conciliation letter or arbitration award within 45 days of the resolution.

The additional attorney’s fee is $60 and won’t be due until the insurer receives a written request from the attorney more than 45 days after the conciliation letter or arbitration award was mailed. If the insurer made the payment before the attorney requested it or if an arbitration ruling is being appealed, the fee is not due.

You are encouraged to ask the Department to enforce such dispute resolutions when insurers fail to make timely payments. A complete copy of the conciliation agreement, settlement letter, or arbitration ruling should be attached to the enforcement request, along with a copy of your follow-up contact asking the insurer to pay the unpaid conciliation agreement.r arbitration award.  Your enforcement request should be directed to:

Hyman Silberstein, Senior Insurance Examiner

New York State Department of Financial Services

One State Street

New York, NY 10004

The enforcement of unpaid arbitration awards and the payment of an attorney’s fee to pursue the payment of such unpaid awards are now subject to new processes. When will these new policies go into effect?

Requests for enforcement of awards resulting from arbitration requests submitted to the American Arbitration Association on or after April 5, 2002 are subject to the new procedures for seeking payment of an unpaid award and for the payment of an attorney’s fee for award enforcement.

My lost wages are covered under No-Fault, subject to a 20% statutory offset. Additional statutory offsets for sums recovered or recoverable on account of personal injury to an eligible injured individual under State or Federal laws providing disability benefits are applicable to my lost earnings payment. These additional statutory offsets are deducted from my gross wages either before or after the 20% offset has been applied.

The taxability of the disability payment will determine whether the offsets for New York State Disability benefits are taken before or after the 20% offset. If the benefit is taxable, it is subtracted before the 20% offset is applied. If the benefit is not taxable, the 20% offset factor is applied before deduction. When filing a No-Fault lost wage claim, you should show your No-Fault insurer documentation proving the taxability of your New York State Disability benefit in order to speed up the processing of your wage claim.

How much auto insurance do I need to have?

According to New York State law, drivers must have a minimum of $25,000 in liability insurance for injuries to one person, $50,000 for injuries to all people, and $10,000 for property damage in every one collision. $50,000 in “no-fault” coverage is also mandated.

Beyond these minimal benefits mandated by law, many drivers carry higher liability limits and supplementary personal injury protection. The same minimal requirements for uninsured motorists coverage (for bodily injury) must be met by all auto insurance policies according to the law. It is also possible to obtain SUM

(Supplementary Uninsured/Underinsured Motorists) coverage, up to the bodily injury liability limits of the insured’s own policy. If a person has bodily injury liability limits of $250,000 or more, the insurer must provide SUM limits of $250,000 per person per accident and $500,000 per accident ($250,000/$500,000). If they so choose, insurers may provide higher SUM limits.

What is no-fault insurance, what does no-fault insurance cover, and how does no-fault insurance work?

It is an auto liability insurance that covers individuals involved in motor vehicle accidents. It covers medical bills and lost wages for those that are injured in a car accident.

Do insurance rates go up after a no-fault accident?

No-fault coverage does not take “fault” into account. However, If you have made several claims, then you may be considered “high risk” and as a result, the insurance company may decline to insure you or raise your rates. 

How to file a no-fault insurance claim in New York?

You have to file the application for no-fault benefits which is also known as the NF-2. More information can be found at https://www.cortho.org/insurance-plans/no-fault-insurance/how-to-file-nofault-claim-car-insurance/

Is no-fault insurance full coverage?

No-fault coverage only applies to medical bill payments and lost wages. The term “full coverage” normally refers to collision coverage for the vehicle damage, which has to be bought separately and is optional. 

Is no-fault insurance more expensive than regular insurance?

No, it is built into every automobile policy as a mandatory requirement of $50,000 and has no separate pricing. Its cost varies based on each insurance company. One can buy additional PIP converges which will be priced by the insurance company. 

Can you sue with no-fault insurance?

No, No-fault coverage doesn’t permit you to sue. You can sue against the bodily injury coverage portion of the policy.

Does no-fault insurance cover theft?

No, you have a separate endorsement under comprehensive coverage in your policy for theft coverage assuming you have elected and paid for such coverage. 

How long does no-fault insurance coverage last?

The minimum coverage is $50,000 so when those funds are exhausted, the no-fault benefits are terminated, unless there is additional coverage bought (APIP). 

How to bill no-fault insurance?

The doctors and providers who treat you submit the bill to no-fault insurance to get paid directly. They do not send bills to you or charge you.

How do I find cheap no-fault insurance?

To find cheap insurance coverage, you will have to call and shop around with various insurance companies for the best quote.

What happens when an at-fault driver has no insurance?

In case of uninsured drivers at fault, you can pursue MVAIC which is a state insurance fund. For more information, please visit http://www.cortho.org/no-fault-car-insurance/how-to-file-Nofault-claim/

Does No-fault insurance have a deductible? Who pays deductible in no-fault insurance?

Depending on when to take the policy out, you can choose to have a deductible or a zero deductible. The person seeking treatment will pay for the deductible if there is any.

http://www.cortho.org/no-fault-car-insurance/billing

It starts as soon as a car accident occurs. But you must file the no-fault application within 30 days after the accident occurred.

Can I get sued with no-fault insurance?

No, you cannot be sued with no-fault insurance. No-fault only pays medical bills and lost wages and you cannot get sued or sue for no-fault.

Can the insurance company assign fault if there are no witnesses?

If someone is claiming injury, the insurance company will decide fault for the bodily injury portion of the policy and property damage based on the statements, property damage to the vehicles, witnesses and other evidence which tends to show who caused the accident.

Can no-fault car insurance reimburse you for medical marijuana?

If it is prescribed, then the doctor can bill under no-fault if it is in the fee schedule for reimbursement with the insurance company

Can you apply for FMLA while receiving no-fault insurance?

You can, but it’s better to apply for no fault benefits and get lost wages paid. The Family Medical Leave Act provides eligible employees up to 12 weeks of unpaid, job-protected leave a year whether they are unable to work because of their own serious health condition or because they need to care for a family member with a serious health condition. It is better to apply for lost wages instead so that no-fault insurance can “pay” you wages while you are out of work.

Can you bill private insurance after a no-fault denial?

You can try, but they will normally deny and say this resulted in a car accident and no-fault is primary for billing purposes.

Can you bill private insurance after a no-fault denial?

You can try, but they will normally deny and say this resulted in a car accident and no-fault is primary for billing purposes. You can always bill private insurance if the no-fault benefits have been exhausted. 

Can you sue no-fault insurance carriers?

Yes, you can sue at arbitration or litigation if they wrongfully deny payment from no-fault benefits.

Do I call my insurance after a no-fault accident? Whom do I call first?

You call your own insurance company to report the claim and they open a no-fault claim for medical bills and lost wages to be processed and paid. You still have to complete the necessary documentation. Please refer to http://www.cortho.org/no-fault-car-insurance/how-to-file-Nofault-claim/ for more information.

Do no-fault claims follow you to another insurance company?

Any insurance can search for prior claims made in relation to no-fault coverage but they should not penalize you for making a claim because it is no-fault insurance and fault is not considered when making payments on claims

Does car insurance cover hospital bills in no-fault?

Yes, all hospital, urgent care, and ambulance bills are paid from no-fault. For more information please refer to http://www.cortho.org/no-fault-car-insurance/does-not-cover/

Does fault follow the vehicle if there is no insurance?

The vehicle you are occupying must have a valid policy for no-fault to apply and provide coverage. If they do not have insurance, you can try to apply with your household car insurance policy. If no insurance is available at all, you can apply through MVAIC.

Can the insurance company cancel auto insurance after a no-fault accident?

The insurance companies can cancel the policy if fraud is suspected or a policy condition is violated.

Does insurance increase with no-fault collisions?

If the accident is not your fault then typically your rates should not increase even though you made a claim. If you have made several claims, then you may be considered “high risk” and as a result, the insurance company may decline to insure you or raise your rates.

Do no-fault insurance cover hit and run?

Hit-and-run coverage is covered in your own policy by the insured motorist endorsement in your policy and not no-fault insurance.

Does no-fault insurance cover lost wages?

Yes, no-fault cover up to $2000 per a month for lost wages till the benefits are exhausted.

Does no-fault insurance cover lost wages of the taxi, uber driver, Lyft, etc?

Uber, Lyft taxi drivers are covered under no-fault insurance if the meter/map is not on and there is no passenger in the car. However, if they have a passenger in the car, then Black car fund will cover the driver because they are injured during the scope of their employment. Passengers will still be covered by no-fault insurance.

Does no-fault insurance cover all medical bills?

Yes, no-fault covers are medically necessary bills that result from a car accident

Does no-fault insurance cover motorcycle accidents?

No, no-fault does not cover motorcycle accidents. Those injured in a motorcycle accident have to use their private health insurance when involved in an accident unless they have purchased medical pay coverage in their policy.

Does no-fault insurance cover property damage?

No, the property damage endorsement (collision coverage) in the policy covers repairs for automobiles after an accident.

Does no-fault insurance go against Social Security Disability Insurance?

No, no-fault is independent and does not affect social security benefits.

Does no-fault insurance pay doctors or me?

They pay the doctors once the medical bills are submitted to the insurance carrier. The patient is paid lost wages for the duration of treatment.

How do I know if I have no-fault insurance?

Every auto insurance policy has no-fault built into it as a mandatory minimum requirement of $50,000 in the state of New York.

How do insurance companies search for prior no-fault claims?

They have access to a database where all claims are reported nationwide.

How does no-fault insurance impact drivers?

It protects drivers and passengers to ensure that medical bills will be covered after an accident.

How does personal injury protection (PIP) insurance work as no-fault?

PIP is the same as no-fault. It is called personal injury protection which is also known as no-fault insurance.

How do workers’ compensation is no-fault insurance work?

Workers’ compensation only applies to those injured during the course of employment.

How long does New York state no-fault insurance cover injuries?

They cover until the no-fault policy funds are exhausted, or your treatment is completed, or if your benefits are denied after an IME, (in which case your treating provider may decide to continue treatment if they deem it medically necessary and then file for arbitration for the medical bills)

Is no-fault insurance optional or mandatory for owners of a vehicle?

It is built into every car insurance policy and is not optional.

Is no-fault insurance the same as PIP?

PIP is the same as no-fault. It is called personal injury protection which is also known as no-fault insurance.

Is home insurance a no-fault insurance?

No, no-fault only applies to automobiles.

Is there a deductible for no-fault insurance?

It depends on every policy. If you opted to have a deductible then, you will have one.

Are there copays with no-fault insurance?

No, usually there is only a deductible depending on the policy.

What are the aggregate no-fault benefits of car insurance?

The total amount of benefits is $50,000 unless you have purchased APIP (additional PIP).

What are the benefits of No-fault Insurance?

The benefits are that medical bills are paid and lost wages without determining fault after an accident. It ensures that those injured in an accident are not left with medical bills after an accident. For more information as to what is covered and what is not covered, please refer to http://www.cortho.org/no-fault-car-insurance/does-and-does-not-cover/

What is a bodily injury settlement New York no-fault insurance?

Bodily injury is not the same as a no-fault. No fault pays for medical bills and lost wages. Bodily injury pays a settlement for the injuries you have sustained and the pain and suffering that you had to endure.

What is a no-fault insurer?

They are automobile insurance companies that provide no-fault policies along with auto insurance, such as Geico, Statefarm, etc

What is add-on no-fault insurance?

The additional personal protection coverage (APIP) is additional no-fault coverage for which you have to opt and pay additional in your policy.

What is the difference between no-fault insurance and liability?

Liability insurance applies to accidents where the bodily injury occurs and no-fault is for medical bills and lost wages.

What is a no-fault insurance employer’s wage verification report?

The insurance company will typically verify your lost wages before issuing payment to see where you worked and how many hours and pay rate etc.

What is the founding theory behind no-fault insurance?

The theory is to ensure all drivers are covered for medical bills and lost wages and do not have to worry after a car accident

What is the no-fault insurance law?

The no-fault insurance law in a nutshell is a law that says no matter who’s at fault it is when an accident occurs, all medical bills and lost wages will be paid. The fault is not considered when coverage is being provided and that is why it is called “no-fault” insurance.

What percentage of lost wages does no-fault insurance coverage pay?

They will pay up to $2000 per month unless you have APIP coverage.

Who is at fault when one person has no insurance?

If they do not have insurance, and there is no no-fault to cover the vehicle that they are in then they may need to turn to other household policies or MVAIC for coverage.

Who pays if the person at fault is unlicensed or has no insurance in New York?

In NY if you don’t have insurance the state insurance fund known as MVAIC can pay for medical bills.

Will driverless cars affect no-fault insurance?

It could. If there are fewer accidents, then the rates could go down.

Will NY no-fault insurance reimburse for CBD oil?

It depends if it is in the fee schedule and if it is medically necessary.

Can you litigate for medical treatment even if the benefits are exhausted?

No, once benefits are exhausted, the insurance company no longer has any to pay for medical bills.

How do workers’ compensation and no-fault insurance work?

Workers’ compensation only applies to those injured during the course of employment. No fault covers auto accidents. So if you are driving a vehicle and you are required to drive for work and the accident occurs while working, the Workers’ Compensation will be primary.

How much can a massage therapist, acupuncturist, chiropractor, etc bill for no-fault insurance?

They can bill based on the rates set forth in the fee schedule in the State of New York. Each rate varies based on the specialty and service provided.

How does no-fault insurance benefit employers?

No-fault benefits do not benefit an employer. If someone is in a car accident, the no-fault benefits the injured party so they can get medical bills and wages paid.

Must a pharmacy, Physical Therapy, physician’s office, etc accept no-fault insurance in New York?

No, but if you do accept no fault, then you will be paid based on no-fault rates and must submit your bills timely, etc.

Can you tell who will be at fault in driverless cars?

For driverless cars, if an accident occurs due to a malfunction in the vehicle, then a lawsuit can be brought against the manufacturer as well as the driver of the vehicle.

These questions have been personally answered by:

I am fellowship trained in joint replacement surgery, metabolic bone disorders, sports medicine and trauma. I specialize in total hip and knee replacements, and I have personally written most of the content on this page.

You can see my full CV at my profile page.

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I am fellowship trained in joint replacement surgery, metabolic bone disorders, sports medicine and trauma. I specialize in total hip and knee replacements, and I have personally written most of the content on this page.

You can see my full CV at my profile page.

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