If you are involved in a motor vehicle accident, who is responsible for paying your medical bills and lost wages?

Pursuant to the New York State Insurance Law, every automobile insurance policy written in the State of New York must provide for at least $50,000.00 of no-fault coverage. No-fault coverage, also known as Personal Injury Protection (PIP), provides for payment of medical expenses causally-related to the motor vehicle accident, and 80% of your lost earnings from work up to $2,000.00 per month, whichever is less.

No-fault coverage under your insurance policy will cover you, or anyone else who is injured in your vehicle, regardless of who was at fault for the accident.

There are certain exclusions under the law for no-fault benefits. For example, no-fault coverage is not afforded to individuals who are injured as a result of the use or operation of a motorcycle. Likewise, there is no coverage if the accident arose out of driving while intoxicated or under the influence of a drug, intentionally causing an injury to yourself, in the course of committing a felony, or if the vehicle that you are in is uninsured.

No-fault benefits are not the only claims that you may have as a result of a motor vehicle accident. You may have a claim for additional medical expenses, lost wage expenses, and pain and suffering, as well as other damages which may be claimed against responsible parties.

The bottom line is that the New York State Insurance Law, as it applies to automobile and motorcycle accidents, is complex. If you are involved in such an accident, you should consult an attorney to assist you.

Gary Valerino
Partner

Email: gvalerino@mcvlaw.com

Phone: 315-471-1664

Gary Valerino has been practicing law since 1989 and has been with Meggesto, Crossett & Valerino, LLP his entire career.  He is a member of the Association of Trial Lawyers of America (ATLA) and the National Association of Subrogation Professionals (NASP).  He is also an approved subrogation counsel for many of the major insurance companies.