New York is a no-fault state when it comes to car accidents. What this means is that each party pays for his or her own damages after a crash.
However, you may still have the ability to take the other party to court if he or she is responsible for the accident and the costs are high. The New York State Department of Financial Services explains that there are also other situations in which you may make a claim to someone else’s insurance.
Filing your claim
In most cases, you will file your accident claim with your auto insurance company. In the event that your accident is a hit and run and you have no idea who the responsible party is, then you would file a claim with your insurance
Claims to another insurer
You will not submit your claim for accident damages to your insurance company for every accident. If you are a pedestrian who is in an accident, you will file your claim with the insurer of the vehicle that hit you. If you were in a vehicle that is not your own, you will submit your claim to the insurer of the vehicle.
Your insurance company will pay your claim up to your policy limits. If your expenses exceed your policy limits, you can use your health insurance for any medical expenses. You also have the option of filing a lawsuit against the person responsible for the accident to cover the remaining expenses.
A note about motorcycles
The no-fault law does not apply to motorcycles. If you were on a motorcycle and were not responsible for the accident, then you can file a lawsuit without having to submit a claim to your insurance company.