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No-Fault Insurance and Benefits

by Michael Rose

What is No-Fault Insurance?

New York requires every insured vehicle to carry a No-Fault policy with a minimum of $50,000 to cover medical expenses, lost wages, and other benefits regardless of who is at fault for an accident. This extends to the vehicle’s driver and passengers, as well as bicyclists and pedestrians struck by the vehicle.

How do I Qualify?

There are certain requirements for qualifying for New York No-Fault benefits:

  • The accident occurred within the state of New York
  • The injured party is either the driver or passenger of an insured vehicle or a bicyclist or pedestrian struck by the vehicle
  • The vehicle is registered in New York
  • The vehicle is covered by New York’s No-Fault Law (cars, trucks, taxis, buses, etc.)
  • The vehicle’s insurance policy is either offered in New York or issued by a company licensed to conduct business in New York

Who Does Not Qualify?

There are exclusions to who may receive No-Fault benefits. The most commonly excluded are:

  • Intoxicated drivers who contributed to the accident
  • Motorcycle drivers and passengers
  • Drivers of uninsured vehicles if the driver or their spouse owns/rents/leases the vehicle involved
  • Vespa and electronic scooter operators

Notify the Insurance Company

The first thing you need to do if you are injured in an auto accident is to notify the relevant insurance provider, which typically is the driver’s insurance provider. If you are the driver of the vehicle, make sure to inform the insurance company of any injured passengers. Injured pedestrians and bicyclists will need to call the striking vehicle’s insurance company to receive no-fault benefits. If you are a passenger, pedestrian, or bicyclist and you or anyone in your home owns an insured vehicle, you should also notify that insurance company since you might be eligible for further coverage.

Important Deadlines

You will receive a no-fault application from the insurance company (or companies). This application has a strict 30-day response deadline, starting from the date of the accident. Insurance companies can deny your claim if they do not believe your excuse for failing to submit the application within the 30 days is reasonable. Medical bills must be submitted within 45 days of treatment. Claims for lost wages must be submitted within 90 days.


If you or a loved one was involved in a car accident, call Hach & Rose, LLP to receive a free and confidential consultation from one of our experienced Personal Injury attorneys (212) 779-0057.

To learn more about No-Fault Insurance, visit our Must Know Info page.

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