Many New Yorker motorists have been involved in car accidents that have caused them serious injury. New York is a no-fault state, meaning that insurers will cover some or all of the compensatory damages incurred in the accident, no matter who was at-fault.
No-fault laws explained
Anyone who owns a registered vehicle in New York is legally required to have liability insurance with the following minimum coverage requirements:
- $25,000/$50,000 – bodily injury per person/accident
- $50,000– no-fault/PIP coverage
- $10,000 – property damage (per accident)
- UIM coverage
If the motor vehicle accident occurred in New York and the car involved was insured in New York, insurance benefits will cover up to the limits in medical expenses and lost wages, regardless of who was at fault for the accident. However, non-compensatory damages, such as pain and suffering will not be covered.
Filing a third-party claim
In order to recover additional compensatory damages, as well as non-compensatory damages, you will have to file a claim against the at-fault driver. However, not everyone can file a claim. Accident victims will only be able to file a third-party personal injury claim if their injuries meet the ‘serious injury threshold.’ To meet the threshold, a victim must have incurred:
- Bone fracture
- Permanent limited use or loss of use of body organ/member
- Significant limitation of body function/system
- Substantial impairment for at least 90 days
- Significant disfigurement or dismemberment
- Loss of fetus
If you have been involved in a New York car accident, contact an attorney in your area to recover the damages you are entitled to.