If you’re one of the many Arizona residents who vacation or visit New York, you’ll want to know one of the biggest differences in the insurance laws between the two states: No-Fault insurance. New York is what’s called a “No-Fault” state, meaning your medical bills, lost wages, and other expenses are immediately covered after a car accident regardless of who was at fault. Arizona on the other hand is a fault-state, where the issue of liability plays a part in deciding who is responsible for paying those costs.

When an Arizona driver is involved in a car accident in New York, New York’s No-Fault insurance laws act as an override for the coverage they’d otherwise have thanks to the New York “Deemer” statute. The Deemer statute under Article 51 of the New York Insurance Law states the coverage of the out-of-state vehicle now operating in New York is “deemed” to have the minimum insurance coverage required in the state.  Knowing this main difference right from the start will help you avoid headaches and stress in the days or weeks after a car accident.


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Behind the Wheel in NY: Breaking Down New York’s No-Fault Insurance

New York No-Fault insurance provides immediate coverage after a car crash regardless of who was at fault. The basic minimum coverage provides up to $50,000 in benefits for the aggregate total of your medical bills, lost wages, and other reasonable expenses. The aim of the No-Fault insurance structure is to simplify claims and make sure those injured in a car accident are promptly paid so they can get their medical treatments and lost wages paid.

Your New York No-Fault coverage also includes reimbursement for services like household help during your recovery, but you’ll need to provide detailed documentation to prove it to your insurance company. Taking the time to speak with a personal injury lawyer who knows car accidents will save you a lot of stress by showing you specifically what you’ll need to prove to get reimbursed.

New York No-Fault benefits do have some nuanced rules that will still apply even if you return to Arizona after the accident. Injured parties must file a No-Fault claim with their own insurance company (or the vehicle they were using or operating at the time of the crash) within 30 days of the accident to be eligible for benefits. If you fail to meet this deadline you could be denied coverage, so don’t wait to report the accident or your injuries to the insurance company. No-Fault benefits are also subject to exclusions, such as injuries caused by driving while intoxicated or engaging in intentional acts.

How Arizona Residents Are Covered by New York No-Fault Insurance

Even if you’re an Arizona resident with an Arizona insurance policy, you can still be eligible for New York No-Fault benefits if you’re in a New York car accident thanks to the New York’s Deemer Statute. That statute requires insurance companies who write car insurance policies in both New York and Arizona to extend the minimum required coverage in New York to out-of-state drivers when they’re in a New York car accident.

What does this mean for you as an Arizona resident? You now have access to at least $50,000 in No-Fault benefits for the aggregate total of your medical expenses, 80% of your lost wages after the crash, and other reasonable expenses—even if you return to Arizona the very next day. This increased coverage does have its limits though, as it doesn’t apply to property damage or injuries that are excluded on their face from No-Fault coverage like intentional acts or riding a motorcycle.

Maintaining your New York No-Fault benefits if you choose to return to Arizona will require some additional coordination on your part. Many medical providers and billing departments at hospitals don’t deal with the New York No-Fault 45-day deadline to submit their bills for payment. Keep detailed records of your expenses and make sure to stay in contact with insurance adjuster handling your claims in case there are any issues.

Less Stress When You Know in Advance

When an Arizona resident vacations or visits New York, just having basic knowledge about New York’s No-Fault insurance benefits in advance can make all the difference. While No-Fault insurance offers extends benefits to drivers that are residents of Arizona, you still need to be aware of the tight timeframes to report the crash and to comply with the submission of medical bills and lost wages claims. Just knowing about the existence of New York No-Fault benefits, and how they operate on a basic level, will keep you ahead of the game on your next visit or vacation to the Empire State.