No Fault Automobile Benefits  

Who is Eligible:   Any driver, passenger or pedestrian injured by an automobile, without regard to who caused the accident

What are the Benefits: 

  1. all doctor and hospital bills paid by the insurance company involved, :. 
  2. 80% of your gross regular wages (before taxes), to a maximum which depends on your coverage, usually $2,000 per month.       You will not receive No-fault lost wages benefits until your doctor returns a form in which he indicates that you are unable to work due to injuries suffered in this accident.  It is necessary for your employer to indicate the amount of your gross earnings, dates of time lost from work, normal amount of hours and days worked per week, etc.  It usually takes approximately 30 days from the date of submitting the employer's wage verification and attending physicians form (indicating disability dates) to start receiving wage benefits.  
  3. up to $25 per day for other necessary expenses, such as someone to care for you, transportation expenses, medication and prescribed devices.  

NOTHING for pain and suffering.

Remember: 

  • If you lost wages because of the accident, you MUST apply for New York State Disability Benefits within twenty (20) days from the date you became unable to work.  
  • If you were on the job when the accident happened, you must apply for Worker's Compensation Benefits instead of No-Fault benefits.                       
  • If you are entitled to Medicare Benefits, it is necessary to have your doctor and/or hospital submit the bills to Medicare first. 

If another party was partially at fault, and you suffered a serious injury, such as a fracture, disfigurement,  serious loss of use of a body part, or a injury which disables you 90 days out of the first 180 days after the accident, you may sue the other party to recover for pain and suffering and for excess lost wages.