New York State uses a no-fault insurance system that quickly compensates drivers for medical expenses and lost wages after an automobile accident, no matter who caused it. Under this system, drivers are required to carry Personal Injury Protection (PIP) coverage. This pays for medical bills, rehabilitation costs, and a portion of lost earnings without the need to prove fault.

The coverage ensures that injured individuals receive timely financial assistance while recovering from their injuries, allowing them to avoid lengthy legal battles over fault before receiving care or wage reimbursement. However, it is essential for policyholders to understand their rights and the specific terms of their coverage to navigate potential claims effectively.

Lost Wages And No Fault Law in New York

Have you been been injured in a car accident and are unable to work? You may be eligible for wage reimbursement through your no-fault insurance policy.

Under New York's no-fault laws, you can claim up to $2,000 per month for lost wages, for a maximum of three years, provided you are certified as unable to work due to your injuries. To qualify, you must demonstrate that your injury has resulted in a significant inability to perform your usual job duties, as defined by the statutory requirements.

Importantly, to secure these benefits, you must file a claim with your insurance provider 30 days following your car accident. Additionally, medical documentation and proof of lost earnings will be necessary to substantiate your claim.

How Long Does it Usually Take to Get my Compensation?

In New York, the timeline for recovering lost wages in a no-fault situation can vary significantly based on several factors. Generally, individuals can expect the claims process to take anywhere from a few weeks to several months. Initially, after submitting a no-fault claim to your insurance company, you should receive acknowledgment. Also, potentially a request for additional documentation.

Once you submit all necessary paperwork, including wage verification and medical records, the insurer typically responds within 30 days. The insurer usually issues benefits quickly if they approve the claim. But disputes over eligibility or documentation may cause potential delays.

It's crucial to be aware that some claims can be complicated. This is especially true if there are disagreements regarding the extent of injuries or lost wages. If complications arise or if a claimant needs to pursue further legal action, the timeline can extend beyond six months. To expedite the process, keeping meticulous records and promptly responding to requests from the insurance company can be beneficial.

Are There Situations Where No-Fault Will Not Reimburse My Lost Wages?

Under New York's no-fault insurance laws, certain factors may disqualify individuals from receiving lost wages compensation after an accident. First, the claimant must prove that the injury meets specific legal criteria to be considered "serious." If the injury doesn’t meet this threshold, the claimant may lose eligibility for lost wage benefits.

Additionally, proper documentation is crucial. If a claimant fails to submit the required paperwork, such as a wage verification form completed by their employer, they may risk disqualification. Timeliness also matters. You must file claims within statutory deadlines, usually no later than 30 days after the accident. Or, the insurer may deny your benefits.

Will My Car Accident Attorney Assist in My Lost Wage Claim?

Yes. An experienced car accident attorney will thoroughly evaluate your lost wages claim. Then, file the claim with your insurance company, fight for you to receive your benefits, and make sure you are fully compensated. Your attorney will assist you in filing all the necessary paperwork with the insurance company and in court if necessary. 

If you have been injured in a car accident and missed time from work as a result of someone else’s negligence, it is critical that you hire an experienced car accident attorney. 

The attorneys at Langella & Langella in Hauppauge are available 24/7 to speak with you and fight for your justice. Let us help you obtain your no-fault benefits and protect your rights.