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 bus

What 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.

Do You Have Adequate Car Insurance Coverage to Protect Yourself and Your Family?

Underinsurance Protection According to New York Insurance Law:

New York State requires all vehicles to have personal injury accident insurance. The minimum car coverage requirements are only $25,000 for the injury to any one person in a car crash. If you were involved and sustained a personal injury in a car crash with a driver who only had these minimum policy limits, your may not receive adequate compensation for your injuries.

To protect yourself from this unfortunate situation, the car insurance laws in New York State permit you to purchase additional insurance known as underinsurance protection that will provide additional coverage when involved in an accident with a driver with low policy limits. It is important that you speak to your insurance broker and ask him or her to obtain proper amounts of underinsurance for your family and yourself.

Protect Your Spouse:

New York drivers and their spouses won an important battle in New York State recently when the law was changed to allow insurance coverage to protect a spouse involved in a car accident.

Most people do not know that until recently, in New York a husband or wife could not sue each other and collect damages from their car insurance coverage if injured in an automobile accident. They could not collect monetary damages from their spouse's insurance company if one was injured due to an accident that was the other's fault.

Now, this special and unfair protection given to automobile insurance companies in New York State has been eliminated. BUT, in order to get the proper protection you must insist that your insurance company provide a special endorsement on your car insurance policy. Many insurance companies are not even charging extra for this new coverage, but you still have to ask for it in order to receive it.

If you have insurance New York State, contact your insurance broker immediately and request that your auto insurance coverage contain the special spouse endorsement as well as proper limits for underinsurance injury protection.