NEW YORK NO FAULT INSURANCE
ROCHESTER CAR ACCIDENT ATTORNEY
In an effort to clear up confusion and frivolous lawsuits from its legal
system, New York State instituted a no fault auto insurance policy on
February 1st, 1974. Under no fault insurance, policy holders collect monetary compensation
in the form of personal injury protection (PIP) directly from their own
insurance carriers. PIP can cover medical fees, lost wages, and may include
additional out of pocket losses which were directly caused by an accident.
No fault insurance policies have a distinct advantage and a distinct disadvantage:
Advantage: People often collect necessary coverage within days after an accident
occurs, rather than waiting weeks or more.
Disadvantage: Insurance providers in New York will only have to pay out $50,000, no
matter the extent of the damages.
The no fault system of insurance can be a hindrance to those who have been
seriously injured. For many the coverage provided by insurance companies
is simply not enough. Injuries from car accidents can lead to chronic
medical conditions, missed work, and a long term reduction in income potential.
If you need help filing a claim, the Rochester Car Accident Attorney Robert
King can help. His team of legal professionals are intimately familiar
with no fault personal injury law and can get you the claim that you deserve.
Concerned about legal fees? We do not charge a dime unless we win your case.
Schedule a free consultation and talk to a lawyer today.
Filing a Civil Lawsuit
New York no fault insurance will cover damages from injuries up until a
certain “threshold” after which point drivers may be able
to sue liable parties for additional compensation. This is known as a
tort liability threshold. New York institutes a verbal threshold which
is crossed when a person is serious injured. This means that unless your
injury is severe, you will not be able to file a lawsuit. Other no fault
states can institute a monetary threshold which is trigged by medical expenses.
New York is not a true no fault state which means that drivers do not have
to reject the tort liability threshold and decline a PIP payout to seek
damages through a civil lawsuit. Motorcycles are an exception to this
rule as they are not included in New York no-fault automobile liability
laws. If you have been injured as the driver motorcycle, you can sue for
PROVING YOUR INJURY IS SERIOUS, BY LEGAL STANDARDS
When pursuing damages from a liable driver, you must prove that injuries
meet legally set levels of severity. New York State is adamant about keeping
potentially frivolous or time-wasting lawsuits out of its court systems.
If your physical injury cannot fit the legal definitions of “serious”,
you will most likely be barred from creating a lawsuit in pursuit of more
In New York, an injury is a “serious physical injury” if it
causes any of the following consequences:
- Bone break or fracture
- Dismemberment (amputation)
- Lifelong crippling of body part
- Lifelong debilitation of body part
- Loss of a fetus in utero
- Loss of life
- Nonpermanent but extensive damage to body part
- Visible or extensive disfigurement
An injury can also be considered serious if it causes significant discomfort
in the victim for at least 90 of the first 180 days after the injury occurred.
Medical diagnoses of an injury fitting this criteria is also necessary.
Time Limits on Car Accident Injury Claims
If you have been injured in a car accident, you must file a claim quickly
to ensure you are able to seek monetary compensation. In 2002 the period
of time allowed for reporting auto accidents in New York was shortened
from 90 days to 30 days. This measure was put in place to help prevent
insurance fraud but it can have severe ramifications for drivers legitimately
injured in accidents. Failure to abide by these shortened deadlines can
result in a forfeiture of your right to claim legal restitution. If you
have any questions regarding the viability of your claim, do not hesitate
the contact Attorney Robert King.
MAKE CERTAIN YOU ARE TREATED CORRECTLY
No fault car insurance can feel like a great benefit when you realize that
you will be receiving coverage from your own insurance carrier no matter
what happened in the car accident. You must be wary, however, for your
policy provider may undervalue your claim and offer a settlement that
is lower than what is necessary for your recovery. Whether you need help
assessing a no fault insurance offer or you require legal counsel for
filing a lawsuit after suffering a serious physical injury, Rochester
Personal Injury Attorney Robert King and his team should be the first
people you call.
Call (585) 286.5124 and get started building your case.