New York Auto Insurance Law - What You Need To Know When You Have a Car Accident
Motor vehicle insurance can be very confusing. Depending on the nature of your accident there is different information that you will need to know in order to protect your rights. Below are some explanations of New York auto insurance laws to help you better understand how certain benefits are defined and implemented. Car accident insurance is a necessity - understanding its intricacies when you need it, is important! Protecting yourself from the problem of underinsurance is critical. Know your rights!Understanding the New York No Fault Insurance Law
In New York State, personal injury claims in motor vehicle accidents are affected by the NY No Fault Insurance Law which is formally known as "The Comprehensive Automobile Insurance Reparations Act." An injured person covered by the no fault insurance law cannot bring an action for personal injury sustained in a motor vehicle accident unless they meet certain definitions of injury. The injured person is also entitled to "no fault" benefits. The New York auto accident lawyers at DeCaro & Kaplen, LLP understand the act and understand how to prove that you are entitled to bring a law suit for your personal injuries sustained in a car accident.Who are "covered" persons under the New York No Fault Insurance Law?
Drivers of vehicles Passengers in vehicles Pedestrians struck by a vehicle. Any other person injured through the use or operation of a vehicle including bicyclists and passengers in a bus or school busWhat benefits is the injured person entitled to?
Under New York's no-fault insurance law, an injured person is entitled to: Basic economic loss benefits which consists of medical expenses, lost earnings and other defined expenses. Each policy of automobile insurance in New York State contains a minimum of $50,000 in basic economic loss benefits. Who can bring a lawsuit for pain and suffering, disability and loss of earnings sustained in a vehicle accident in New York State? The no fault insurance law precludes an injured person from bringing a law suit to recover for pain and suffering and other damages sustained in a vehicle accident unless they have sustained a "serious injury" Serious injury is defined in New York Insurance Law Section 5102(d) as an injury resulting in:(i) death;
(ii) dismemberment;
(iii) significant disfigurement;
(iv) a fracture;
(v) loss of a fetus;
(vi) permanent loss of use of a body organ, member, function or system;
(vii) permanent consequential limitation of use of a body organ or member;
(viiii) significant limitation of use of a body function or system;
(ix) a medically determined injury or impairment of a non permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 immediately following the occurrence of the injury or impairment.