Understanding No-Fault and Personal Injury Cases in New York: Key Differences and Insights

If you’ve been injured in a car accident in New York, you may hear the terms “No-Fault” or “personal injury case.” While they sound similar, they involve very different legal processes and types of compensation. At Raveica Law, PLLC, we help clients across Suffolk, Nassau, Queens, Kings, and New York Counties understand their options after an accident. Here’s what you should know.

What Is a No-Fault Claim?

New York is a No-Fault insurance state, which means that after a car accident, your own insurance company pays for certain losses — regardless of who was at fault. The goal of this system is to provide quick access to medical care and lost wage reimbursement without having to wait for a liability determination.

A No-Fault claim typically covers:

• Medical expenses related to the accident

• Lost wages, up to 80% of your income (subject to limits)

• Necessary out-of-pocket expenses, such as transportation to medical appointments or household help

  
  

No-Fault benefits generally have a $50,000 per person limit and are designed to handle your immediate economic needs. However, No-Fault coverage does not pay for pain and suffering, emotional distress, or permanent injuries.

When Does a Personal Injury Case Apply?

If your injuries are severe enough, you may qualify to file a personal injury lawsuit against the at-fault driver or another responsible party. A personal injury case allows you to seek additional compensation for:

• Pain and suffering

• Permanent disability or disfigurement

• Future medical care

• Loss of enjoyment of life

  
  

To bring a personal injury lawsuit after a car accident in New York, your injuries must meet the state’s “serious injury threshold” under Insurance Law §5102(d). Examples include fractures, significant disfigurement, or a permanent limitation of use of a body part or system.

Can You Have Both a No-Fault and a Personal Injury Case?

Yes. Most car accident victims begin with a No-Fault claim to cover their medical expenses and lost wages. If the injuries meet the serious injury threshold, they can also pursue a personal injury lawsuit for full compensation. The two types of claims often work together — one providing immediate relief, and the other addressing long-term and non-economic losses.

Why Having an Attorney Matters

Navigating New York’s No-Fault and personal injury laws can be complex. Filing deadlines, medical documentation, and legal thresholds all affect your right to recover. At Raveica Law, PLLC, we help clients file timely No-Fault claims, pursue injury lawsuits when appropriate, and ensure that no avenue of recovery is overlooked. Our team combines experience, integrity, and personalized attention to secure the best possible outcomes for our clients.

Contact Raveica Law, PLLC

If you’ve been injured in a motor vehicle accident, don’t wait to get the guidance you need. Contact Raveica Law, PLLC today to discuss your situation and learn your options. We proudly represent clients throughout Suffolk, Nassau, Queens, Kings, and New York Counties in all types of accident and injury cases.