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No-Fault Auto Insurance Laws and Regulations in New York


New York is one of a dozen states that follows a “no-fault” system. In New York, a driver who has been injured in an accident must turn to his or her own insurance company for the payment of medical expenses, regardless of who was at fault for the accident. However, in order to file a claim against the at-fault driver, the claimant must be seriously injured with a significant disfigurement, bone fracture, permanent limitation of use of body organ or member, significant limitation of use of body function or system, or substantially full disability for 90 days. Additionally, the no-fault rules only apply to personal injury.

Uninsured/Underinsured Motorist Coverage

New York Law requires that all automobile policies include uninsured motorist coverage (25,000 per person/$50,000 per incident). Under insured motorist or supplemental coverage is optional and may or may not be offered by a carrier.

Who Gets No-Fault?

  • No-Fault Law applies to any cyclist, pedestrian, passengers, or driver injured by a motor vehicle in New York.
  • Accident should have occurred in New York.
  • The injured person should be the driver or passenger of the insured vehicle or a cyclist or pedestrian struck by or in contact with the motor vehicle.
  • The vehicle must be a car, truck, bus, taxi (not a motorcycle) or other vehicle covered by New York No-Fault law.
  • The vehicle should be registered in New York.
  • The vehicle should have an insurance policy sold in New York or issued by a company licensed to do business in the state of New York.

Statute of Limitation

No-fault auto insurance application should be filed within 30 days from the date of the crash.


All out of pocket expenses such as taxis and transportation costs, pharmacy bills and other crash related expenses is reimbursed after providing the receipt. Additionally, up to $25 a day for other related incidentals for one year post accident.

When a life changing accident happens, people need guidance, compassion, honesty and trustworthy experts in the field of law. At Dervishi Law Group, P.C., our goal is to offer unyielding dedication to our clients and their families and the confidence that everything possible is being done on your behalf. If you or a loved one is seriously injured in an auto accident, call us today at 917-300-0797/718-619-4525.


About The Author

Fatos Dervishi, Esq.

Fatos Dervishi, Esq.

A personal injury attorney, with offices in the Bronx and Manhattan, Fatos Dervishi has years of experience handling cases in New York. Mr. Dervishi, who grew up in Albania, obtained his law degree in 1989 from the Tirana University School of Law. He then worked as a special agent of the General Investigations Office with an office in Tirana, before being elected Deputy Attorney General by the Albanian Parliament in 1994. He served as Deputy Attorney General of Albania from 1994 to 1998.

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