New York is one of twelve states with no-fault insurance laws, which can potentially make obtaining personal injury compensation more complicated for traffic accident victims.
In this article, NYC personal injury attorneys Glenn & Robin Herman explain the function of no-fault insurance policies and how it affects personal injury victims.
What is No-Fault Insurance?
No-fault insurance refers to policies that cover the injuries of you, your passengers, pedestrians, and cyclists following a traffic accident up to a certain amount of money, irrespective of the person at fault. Such policies may also be referred to as personal injury protection (PIP) plans.
Drivers in New York are required to have personal injury protection. Claims are processed faster in no-fault states than at-fault ones, where filing through the other driver's insurer and waiting for two companies to determine payment is prolonged.
In New York State, drivers must have at least $50,000 in PIP coverage.
What States Have No-Fault Insurance in 2022?
As of 2022, there are 12 states with no-fault insurance laws on the books. These states are”
Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah
In three of these states (Kentucky, New Jersey, and Pennsylvania), drivers may opt-out of no-fault policies.
Ten states give drivers the option of adding personal injury protection to their auto insurance plans without it being mandatory:
Arkansas
Delaware
Maryland
New Hampshire
Oregon
South Dakota
Texas
Virginia
Washington
Wisconsin
No-Fault Insurance and Personal Injury Cases
No-fault insurance laws reduce processing times for medical expenses and lost wages in car accidents, while also minimizing the number of civil lawsuits for minor injuries by ensuring that they are covered by your insurance.
To sue a responsible party in an auto accident personal injury case in a no-fault state, like New York, your injuries must qualify as “serious.” However, injuries that do not meet the legal criteria to be considered serious can still cause significant pain and accrue large medical bills.
What is a Serious Injury Under New York Law?
Article 51 of New York Insurance Law defines a serious injury as any one or more of the following:
Death.
Dismemberment.
Significant disfigurement.
The fracturing of a bone.
Loss of a fetus.
Permanent loss or limitation of the use of a body organ, member, function, or system.
A non-permanent injury that prevents the injured individual from performing their daily activities for at least 90 days out of the 180 days immediately following the injury.
Motorcycle Operators Are Not Entitled to New York No-Fault Insurance Benefits
Because of the severity of the injuries that occur to motorcycle operators, motorcycle insurance policies, with some exceptions, do not provide no-fault insurance.
However, if a motorcyclist is injured in an accident caused by another driver's fault, they may sue for compensation and are not required to meet the serious injury threshold requirement.
If you're unsure of whether your injury meets the legal definition of being "serious," don't worry – it's often not immediately obvious. Regardless, it's crucial to contact a skilled NYC personal injury attorney to get the compensation you deserve, no matter how severe your injury may seem initially.
About Bronx Personal Injury Attorneys Glenn & Robin Herman
Our Bronx personal Injury attorneys take the time to learn every aspect of your case during our initial meeting in order to properly evaluate the full extent of the damages you or a loved one have suffered. We have been representing seriously injured New Yorkers for over 35 years. Born, raised, and living in the City, we know that when you have been injured in this town, you need an attorney to protect your rights and explain the law to you in a way you can understand.
For a no-charge consultation today to discuss the details of your injury event: https://hermannyc.com/free-case-consultation/
We represent clients in all five boroughs of New York (NY): Manhattan, Staten Island, Queens, Brooklyn, and the Bronx, along with Suffolk County & Nassau County on Long Island, Westchester County, Rockland County, and throughout the entire state of New York.
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