How Queens drivers are protected after an accident — and when you might need to go beyond your policy.
When you’re involved in a crash in Queens—even if it wasn’t your fault—no fault insurance ensures you can get help immediately. This system covers your medical bills and lost earnings while removing the blame game from the process. But there are important limits, deadlines, and exceptions to know. In this guide, we’ll explain the what, how, and why of no-fault car insurance in New York, including when you can take legal action.
What’s in This Guide
- What is no fault insurance?
- How does no fault insurance work?
- No fault car insurance: What it covers
- Who pays for car damage in a no-fault state?
- How long does a no-fault accident stay on your record in NY?
- What happens if the person at fault has no insurance in NY?
- What are the benefits of no-fault insurance in NY?
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What is no fault insurance?
No fault insurance means your own insurance company will pay for your medical treatment, lost wages, and other out-of-pocket expenses after an accident—regardless of who caused it. In New York, this system starts automatically with your required auto insurance policy.
According to New York’s Vehicle and Traffic Law §5102, every registered vehicle must carry no fault coverage, giving injured individuals quick access to funds without waiting for fault to be established.
How does no fault insurance work?
After an accident, you (or your provider) submit a no fault claim directly with your insurance company—either yours or the at-fault driver’s.
Coverage includes:
- Medical bills
- Lost earnings (up to 80% of weekly wages)
- Replacement services (e.g., child care, housekeeping)
- Burial expenses (if needed)
You must file within 30 days of the accident, and insurers must respond quickly per 2025 regulations.
No fault car insurance: What it covers
New York no fault policies cover:
- Medical care (hospital visits, therapy, medication)
- Lost wages (up to 80%)
- Additional services like transportation to appointments or child care
- Death benefits, up to $2,000 for burial-related expenses
There’s no “pain and suffering” benefit—only economic losses are covered under no fault insurance.
Who pays for car damage in a no-fault state?
No fault insurance does not cover property damage. Repair costs go through the at-fault driver’s collision or comprehensive coverage. If you’re uninsured or the at-fault party is uninsured, you can file a property damage claim with your own collision insurance or seek compensation from the at-fault driver’s liability policy.
How long does a no-fault accident stay on your record in NY?
Your premiums may increase after a no-fault claim, but these incidents typically remain on your record for 3–5 years under NY regulation. Insurance companies base your rates on the date of the accident, so the sooner you file additional claims for other incidents, the higher your premiums may be.
What happens if the person at fault has no insurance in NY?
If the other driver is uninsured:
- Personal Injury Protection (PIP) from your own insurance covers your medical costs.
- For property damage, your collision coverage steps in.
- You can also explore a civil lawsuit—for example, a claim under NY Vehicle & Traffic Law §5103, or a personal injury case for serious damages beyond no-fault thresholds.
What are the benefits of no-fault insurance in NY?
- Fast access to funds, so you’re not waiting for fault determination.
- Fewer legal hurdles—you can’t sue unless you meet the “serious injury” threshold under VTL §5101.
- Peace of mind—no fault removes the blame-driven fight over payments.
- Protection even if uninsured—your own PIP and collision help even if the other party had no insurance.
Need Help With a No-Fault Claim in Queens?
Chaikin Trial Group helps Queens drivers maximize their no-fault benefits and pursue additional compensation if needed. From filing no-fault claims to handling disputes over serious injuries, we’re here for you.
Contact us for a free consultation.
