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Pedestrians injured in New York City may use no-fault recovery

Apr 28, 2017 | Personal Injury

New York is a very busy, crowded city that provides many opportunities every day for vehicle drivers to injure comparatively vulnerable cyclists and pedestrians. If there is good news in this scenario, it is that New York also maintains no-fault insurance claim statutes that allow pedestrians and others to receive some quick compensation. This helps to curb the effects of often lengthy personal injury suits.

If you are a pedestrian injured in New York by a driver, you can file a no fault claim and also file a separate personal injury claim. It is important to understand that these are entirely separate claims, even if you file them against the same insurer, which you very well might.

In order to truly get the most out of your no-fault claim, and keep the wheels of insurer bureaucracy turning, it is always wise to enlist the help of an experienced attorney. With this guidance, you can get the compensation you need quickly to avoid some or all of the up front costs of recovery.

No-fault claims and pedestrians

There are specific, fairly low limits to what you can obtain through no-fault insurance claims. These claims offer up to $50,000 to cover medical expenses and possibly lost wages. This might include:

  • ambulance rides
  • physical therapy
  • pain relief and other medication
  • diagnostic testing like MRIs and x-rays
  • income lost because of the accident

It is important to note that you will probably want to file a separate personal injury claim in addition to the no-fault claim. It is easy to see how medical expenses and lost income from an injury with any degree of severity can quickly exceed the $50,000 cap.

Also, no-fault claims specifically do not address pain and suffering damages. If you believe that you deserve damages for your pain and suffering, then you should consider filing a separate injury suit.

Who can file for no-fault?

No-fault claims are not blankly available to everyone. In order to qualify under the statute, the injury must meet several standards. First, the injury must occur in New York, and the injured party must either be the driver or passenger of the insured vehicle, or a pedestrian or cyclist struck by the vehicle. The vehicle involved cannot be a motorcycle (or some scooters), and a driver cannot file a claim if he or she was intoxicated at the time of the crash.

Additionally, the vehicle involved in the accident must carry registration in New York and covered under an insurance policy issued in New York.

Get help to seek justice

It is never easy when a pedestrian suffers injuries in a motor vehicle accident. Regardless of the extent of your injuries, properly and efficiently filing a no-fault claim is not something you should have to do on your own.

With proper guidance from an experienced attorney, you can focus on rest and recovery from your accident, while the attorney can fight for the best, most fair compensation through a no-fault claim.

Your attorney can also help you prepare for any further personal injury suit for damages not covered in a no-fault claim, and ensure that your rights remain protected throughout the process.