NY No-Fault Car Accident Claim Navigating No-Fault While Fighting for Maximum Recovery
New York's no-fault system is confusing — but our attorneys know exactly how to use it to your advantage while building a strong liability case for pain and suffering damages.
Our NY no-fault car accident attorneys have recovered over $180 million by mastering both the no-fault system and serious injury threshold claims.
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No-Fault Explained
Understanding New York's No-Fault Car Insurance System
New York is one of 12 no-fault states. This means your own auto insurance pays for your medical bills and lost wages regardless of who caused the crash — up to $50,000 in basic coverage. This system was designed to reduce lawsuits and ensure quick payment of medical expenses.
However, no-fault has a critical limitation: it does NOT pay for pain and suffering. To recover for pain and suffering, you must meet the serious injury threshold defined under New York Insurance Law § 5102(d). Our attorneys navigate the no-fault system for your immediate needs while building a strong liability case for your full compensation.
- No-fault pays medical bills up to $50,000 regardless of fault
- No-fault pays 80% of lost wages up to $2,000/month
- No-fault does NOT pay for pain and suffering
- Serious injury threshold required for pain and suffering
- No-fault claim must be filed within 30 days
Serious Injury Threshold
Meeting the Serious Injury Threshold for Full Compensation
To sue for pain and suffering in New York, your injury must meet the serious injury threshold. This includes: death, dismemberment, significant disfigurement, fracture, permanent loss of use of a body organ or system, significant limitation of use, or a medically determined injury preventing normal activities for 90 of the first 180 days.
Our attorneys work closely with your medical providers to document how your injuries meet this threshold. We obtain detailed medical opinions, imaging studies, and functional capacity evaluations to prove your case. Even injuries that initially seem minor can meet the threshold if they cause significant limitations.
Get Free Case ReviewCase Results
Results That Speak for Themselves
$4.5M
Fracture + Pain & Suffering
No-fault covered medical bills, liability claim paid $4.5M for pain and suffering
$3.8M
Permanent Loss of Use
Knee injury met serious injury threshold, full liability recovery achieved
$3.2M
90/180 Day Disability
Soft tissue injuries prevented work for 120 days, threshold met
$2.9M
Significant Disfigurement
Facial scarring from airbag deployment met disfigurement threshold
$2.5M
No-Fault Denial Overturned
Insurance denied no-fault benefits, attorney won on appeal plus liability claim
$2.1M
Stacked No-Fault + Liability
No-fault covered $50K in bills, liability claim added $2.1M for pain and suffering
Results may vary depending on your particular facts and legal circumstances. Past results do not guarantee future outcomes.
Client Reviews
What Our Clients Say
“My insurance paid my medical bills through no-fault. Then my attorney sued for pain and suffering and got me another $4.5 million.”
Jennifer L.
Albany, NY · Fracture Victim
“My knee was permanently damaged. The insurance said it wasn't serious. My attorney proved permanent loss of use and got me $3.8 million.”
Marcus T.
Syracuse, NY · Permanent Knee Injury
“I couldn't work for four months after my crash. My attorney proved I met the 90/180 threshold and won $3.2 million in pain and suffering.”
Sofia R.
Rochester, NY · 90/180 Day Disability
“The airbag scarred my face. The insurance called it minor. My lawyer proved significant disfigurement and got me $2.9 million.”
David K.
Buffalo, NY · Disfigurement Claim
“My no-fault benefits were denied. My attorney won the appeal AND sued for liability. Total recovery: $2.5 million.”
Aisha M.
New York, NY · No-Fault Denial
“No-fault covered my $50K in bills. Then my attorney got me $2.1 million more for pain and suffering. Two separate claims, both successful.”
Carlos V.
Yonkers, NY · Stacked Recovery
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