By definition, accidents aren’t supposed to happen. I think we do all we can to learn from them – and use what we learn to reduce the risk. That’s how we develop safer cars, roads, and driving rules. But accidents aren’t absolutely avoidable – which means you have to be prepared, and understand your options if you are ever in a car crash.

A local man and woman were very seriously injured last week in a car accident that’s cause is still unknown. WETM reported the incident in the story “Southport Woman in Critical Condition After Crash” (pasted below). The woman veered out of her lane and hit a bakery truck in the oncoming traffic on Route 352. The truck driver was seriously injured too.

A crash like this raises a lot of questions: “What happened?” and “Why?” And then “What happens next?”

After an auto accident, that question is strongly connected to Auto Insurance. How does it work to cover damages and injuries? It’s a complicated topic, which I’ve helped many clients understand. There are even a different set of rules when motorcycles are involved, a topic I write about frequently on my motorcycle blog, the NY Biker Law Blog.

In the Route 352 accident, the driver of the car, who appears to be at fault, will have coverage for her injuries through the No-Fault portion of her policy. The bakery truck driver was likely working at the time of the accident, meaning that rather than No-Fault, his Worker’s Compensation carrier would be responsible for paying his medical bills and lost wages.

What is “No-Fault” Insurance?

We have an FAQ section at ZiffLaw.com devoted to the legal issues our firm covers, from injuries and accidents to family law; bankruptcy, medical malpractice to real estate. There’s a section explaining No-Fault coverage and how it works.

No-Fault Insurance in New York state means that the insurance carrier for your vehicle, rather than the insurance carrier for the other vehicle, pays your medical bills or lost wages. This is true regardless of who was at fault in causing the accident, hence the name.

Some No-Fault benefits:

• All No-Fault policies in New York are required to provide TOTAL coverage of no less than $50,000 for both medical costs and lost wages.
• No-Fault covers hospital and medical expenses.
• No-Fault covers lost wages at 80%, up to $1,000 per month (that’s the N.Y. minimum, some policies pay more) for a period not exceeding three years

What doesn’t No-Fault cover?

No-Fault does not apply to property damage claims. Such claims are usually paid for by the insurance carrier for the vehicle that caused the collision or by your carrier if you carried collision coverage.

No-Fault does NOT apply to motorcycles.