Who is Not Covered Under New York’s No-Fault Law?
New York State’s No-Fault auto laws were implemented in order to ensure that insurance companies would have to pay for medical bills, cover lost wages, and pay for damages incurred in accidents caused by motor vehicles without having to wait for litigation and without determining who was at fault. The exceptions to this rule are listed below. However, some insurance policies may choose to privately still offer no-fault coverage under certain of these circumstances we have chosen only to review those exclusions set out by the New York State Insurance Law Regulation 68.
1) Motorcyclists and motor-scooter riders
Drivers of motorcycles and motor-scooters, like Vespas, explicitly are not covered under New York’s No-Fault Law as they are inherently dangerous. It is argued that, by owning and operating a motorcycle, that you have accepted these risks. While you will still be able to make personal injury claims, some amount of litigation will be required unlike if you were driving a car.
2) Injuries sustained during the repair of the vehicle
If an injury was sustained during the repair or maintenance of a motor vehicle on the property of a licensed business by an employee of the business, then they are not covered under the no-fault law. Since this is considered a work-related injury it does not fall under the scope of the No-Fault Law
3) Driver’s operating their vehicles under the influence
Unsurprisingly, if it is determined that you were under the influence of drugs or alcohol, and therefore breaking the law, at the time of the accident then you are ineligible for no-fault insurance. This goes hand in hand with the next exception.
4) Injuries sustained while breaking the law
If the accident occurred or injury sustained while the claimant was either committing a felony or attempting to evade arrest, then they are not covered under the no-fault law. This also includes if the accident occurs while illegally racing or if the vehicle was stolen.
5) Driver’s operating uninsured vehicles
New York’s no-fault insurance laws can only cover those vehicles that are insured. If you choose to illegally drive a vehicle without purchasing insurance, then you cannot receive any pay-out associated with the no-fault law as you do not have an insurance company to do so. You also may not receive the same no-fault insurance benefits if your policy was purchased outside the state of New York as laws regarding mandatory coverage vary state-by-state.
6) Any event where the damage was caused intentionally by the injured party
Finally, if it is determined that any damage caused in the event of the motor-vehicle accident was caused intentionally then you lose the right to collect any benefits associated with your no-fault insurance coverage.