Got Hit By a Car? Claim No-Fault Benefits with New York Pedestrian Accident Lawyer

Situations Where No-Fault Insurance Covers Pedestrian Accidents

New York’s no-fault insurance law provides coverage to pedestrians injured by motor vehicles regardless of who was at fault. Here's when it applies:

• ‍When you are hit by a car, truck, or SUV: This applies to any privately-owned vehicle registered and insured in New York.
• ‍When you are hit by a taxi, bus, or ride-share (Uber/Lyft): You can claim no-fault benefits through the vehicle owner’s insurance. In ride-share cases, you may also be covered under the company's policy.
• ‍When you are hit by a motorcycle: Pedestrians can receive no-fault benefits from the motorcyclist’s insurance. Note that motorcyclists themselves are not covered under no-fault, but pedestrians hit by them are.
• ‍When you are hit in a parking lot or driveway: As long as a motor vehicle is involved, location doesn’t matter. You are still covered by no-fault.
• ‍When the driver leaves the scene (Hit-and-Run): You can apply for no-fault benefits through New York’s MVAIC (Motor Vehicle Accident Indemnification Corporation) if the vehicle was uninsured or unidentified.

However, say that you fell on a sidewalk near traffic. If you haven’t made contact with a vehicle, then no-fault insurance doesn’t apply. In addition, if your pedestrian accident injury was caused by a bicycle or an e-bike, then you are not covered under no-fault insurance.

What Does No-Fault Insurance Cover?

New York’s no-fault system is designed to help you recover quickly (at least financially) after being hit by a car. But it’s limited. Here’s what’s covered under no-fault insurance:

• Medical expenses related to your injury (hospital bills, rehab, medication)
• Lost wages up to 80% of your salary, capped at $2,000 per month
• Reasonable transportation costs for getting to and from medical appointments
• Household help if your injury prevents you from taking care of basic chores

It doesn’t matter who caused the accident. These benefits are available as long as the vehicle that hit you is covered by a valid New York auto insurance policy.

That said, there’s a $50,000 cap on total benefits. If your injuries are serious or your medical bills pile up fast, this amount runs out quickly. At that point, you may need to file a personal injury claim to cover the full extent of your losses.

Is No-Fault Insurance Enough?

In many pedestrian accidents, injuries are usually severe. If you have broken bones, needed surgery, or can’t return to work anytime soon, that $50,000 no-fault cap won’t go far. Worse still, it doesn't cover pain and suffering, mental health treatment, or loss of future income.

Insurance companies may tell you no-fault is all you need. But the truth is, they are looking to limit payouts and are rarely concerned about your recovery. You only get one shot at your claim, so it’s important to know what you are leaving on the table.

That’s why it’s worth speaking to a trusted New York City pedestrian accident lawyer. If your injuries meet New York’s “serious injury” threshold, you can file a personal injury lawsuit and pursue far more than no-fault will ever offer.

Contact Gabriel Law for a free consultation. Our experienced pedestrian accident attorneys will review your case and fight to get you the maximum compensation you deserve.