Aerial view of Oceanside, New York
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By Richard Obiol
Principal Attorney

Living in the Town of Hempstead, New York means navigating the state’s unique auto insurance laws, including its no-fault insurance system. Understanding how no-fault insurance works is essential for residents to protect themselves in the event of a car accident. Here’s what to know about New York’s no-fault insurance laws and what they mean for Hempstead residents.


Most importantly, the law gives you 30 days from your accident to file your no-fault application. Normally, this application is supplied by your insurance company, however at Civardi & Obiol PC, we don’t wait for them to act. Since the form is statutory, we are able to supply, fill, and process your no-fault application free of charge. Contact Civardi & Obiol today for a free consultation.

What is No-Fault Insurance?

New York is one of several states that operate under a no-fault insurance system for car accidents. This means that regardless of who is at fault for the accident, each party’s own insurance company is responsible for covering their medical expenses and other financial losses, up to the policy limits.

Key Features of New York’s No-Fault Insurance Laws

  • Personal Injury Protection (PIP) – Under New York’s no-fault insurance laws, all drivers are required to carry Personal Injury Protection (PIP) coverage as part of their auto insurance policy. PIP coverage pays for medical expenses, lost wages, and other necessary expenses resulting from injuries sustained in a car accident, regardless of fault.
  • Minimum Coverage Requirements – New York law mandates minimum PIP coverage limits of $50,000 per person for bodily injury and $100,000 per accident. Additionally, drivers are required to carry liability insurance with minimum coverage limits of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $10,000 for property damage.
  • Limited Right to Sue – In exchange for the benefits provided by the no-fault system, New York drivers have limited rights to sue for damages resulting from a car accident. In most cases, individuals can only pursue a lawsuit against the at-fault driver if their injuries meet the state’s “serious injury” threshold, which includes significant disfigurement, fracture, or permanent limitation of use of a body organ or member, among other injuries.
  • Time Limits for Filing Claims – It’s important for Hempstead residents to be aware of the time limits for filing claims under New York’s no-fault insurance laws. Generally, individuals have 30 days from the date of the accident to notify their insurance company and submit a claim for benefits. Failure to adhere to these deadlines could result in a denial of coverage.

Seeking Legal Guidance

Navigating New York’s complex no-fault insurance laws can be daunting, especially in the aftermath of a car accident. If you’ve been injured in a collision in the Town of Hempstead, it’s crucial to seek legal guidance from an experienced attorney who can help you understand your rights and pursue the compensation you deserve.

The Attorneys at Civardi & Obiol Help Those in New York Who Have Been Injured in Car Accident

If you or a loved one has been injured in a car accident, it’s crucial to understand your rights and the potential legal remedies available to you. A knowledgeable and experienced personal injury attorney can advocate for justice.

At Civardi & Obiol, our qualified New York personal injury attorneys will help walk you through the process every step of the way. To learn more or schedule a free consultation, contact us today.

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