New York State’s no-fault insurance laws turn the traditional tort model of negligence on its ear. Under New York’s Insurance Code, all injured parties must look to the insurance policy insuring the car in which they rode to cover medical expenses and the like. The law is known as “no-fault” because the insurance company pays the […]
NY No-Fault Law Frequently Asked Questions
New York State’s no-fault insurance laws turn the traditional tort model of negligence on its ear. Under New York’s Insurance Code, all injured parties must look to the insurance policy insuring the car in which they rode to cover medical expenses and the like. The law is known as “no-fault” because the insurance company pays the damages without regard for who might be responsible for the collision. The theory supporting the implementation of the rule is that people can receive coverage for injuries quickly and efficiently. However, the law deprives accident victims of the opportunity to pursue other losses such as pain and suffering.
Exceptions to the general rule exist. To qualify for an exemption, the plaintiff or claimant must show that he or she has lost more than $50,000.00 in economic damages or suffered a serious injury. A claimant may qualify for a serious injury exception if he or she:
Yes. if you or a loved one were operator or the passenger of a motorcycle that was involved in an accident with injuries or death, you or your loved one are excluded from New York State’s No-Fault benefits (you may file a lawsuit from first dollar loss). In pedestrian-related motorcycle accidents, you must file your claim with the insurer of the at-fault motorcyclist.
In certain circumstance you are permitted to file a lawsuit against another driver if they caused the motor vehicle accident that injured you, and you suffered a “serious injury”. New York Insurance Law Section 5102(d) describes the medical conditions that satisfy the definition of “serious injury”.
Did you or a loved one suffer an injury due to an accident caused by a negligent driver? Parker Waichman LLP helps victims and families receive justice and full monetary compensation for harm caused by an accident. Trust your case with our accident lawyers. For a free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
