Understanding No-Fault Insurance in New York: Pain and Suffering Claims
Brandon J. Broderick, Personal Injury Attorney at Law
If you're a New York resident, you likely are aware that it is a "no-fault" insurance state, which means policyholders can expect compensation for their losses regardless of who was at fault in an accident. No fault benefits generally include coverage of medical costs and lost wages. But, does it cover pain and suffering ?
The answer is yes, but under specific circumstances. Auto accident lawsuits in New York are limited by the state's no-fault statute to recovering compensation for actual monetary losses in excess of no-fault benefits and, in the case of a "serious injury" (as defined by insurance laws), compensation for non-economic damages like pain and suffering. Keep reading to learn more about this rule.
If you've been injured in a car accident in New York, consult with an experienced car accident lawyer , such as the legal team at Brandon J. Broderick, Attorney at Law . We will provide you with the legal expertise you need to win a successful case.
How No Fault Insurance Works
New York's no fault system , also known as Personal Injury Protection (PIP) , is a form of insurance that provides speedy compensation for economic losses incurred as a result of injuries sustained in a car accident. This coverage is not contingent upon determining fault or negligence, and it extends to the driver, passengers , and pedestrians injured by the insured vehicle. The coverage includes medical costs, lost wages, and other necessary expenses related to your injury. There is a maximum limit of $50,000 per individual, which is the "basic no fault coverage."
The state of New York also requires all registered vehicles to carry the following minimum amount of liability insurance:
The primary reason for no fault insurance is to provide a quick resolution to victims who have sustained injuries in automobile accidents to a state of physical well-being and functional capacity. No fault laws in New York restrict the option of filing a lawsuit related to motor vehicle accidents to cases where economic losses surpass the advantages provided by the? no fault system. As previously mentioned, claims for non-economic damages, such as pain and suffering, are only permissible if the injured party sustains a "serious injury" as defined by the Insurance Law.
No fault benefit is for personal injury coverage, but does not cover repair costs to your own vehicle or for damages incurred to another party's vehicle or personal property. No fault benefits first before any health insurance coverage a victim may have.
These benefits also provide coverage for any passengers who sustain injuries in accidents within New York State, including guest passengers who are residents of New York State and sustain injuries in an accident in your vehicle within the United States.
No fault protection extends to all pedestrians who sustain injuries as a result of motor vehicle accidents in the state of New York.
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"Serious Injury" In New York Defined
In the state of New York, courts have consistently maintained that a subjective claim of pain does not meet the threshold for being classified as a "serious" injury. In situations involving serious injury , it is typically necessary to utilize diagnostic testing as a means of objectively substantiating the claim. Certain injuries can be straightforward and easily identified as "serious injuries", but others exhibit a greater degree of intricacy. Many types of injuries, such as whiplash, possess the potential to be deemed serious but lack the capacity to endanger an individual's life.
Given the potential long-term impact of whiplash , including irreversible impairments and the restriction of an individual's capacity to generate income, it may be categorized as a "serious injury" in specific cases. Gaining a comprehensive understanding of the legal definition of a serious injury under state law is important. Injuries that impact an individual's ability to work or carry out routine daily tasks may be classified as "serious" injuries.
The following are injury categories that can be deemed "serious":
90/180 Day Rule in New York
If you are injured in a motor vehicle accident, New York no fault insurance may not be enough to cover your losses. If you suffer a "serious injury," you may be able to sue the negligent driver. The 90/180-day rule is one way to meet the requirements for a "serious injury" under the law.
A person is considered handicapped if they are unable to perform all of their usual daily activities for at least 90 of the first 180 days following the accident. However, proving this may be challenging. Your 90/180 claim will be successful if you can prove to a judge or jury that your condition has prevented you from performing "substantially all" of your usual activities. This shows that your injury has significantly altered and interrupted your life.
"Serious injury" is most likely warranted by your condition if a doctor advises that you stay out of work for several months. However, if you just require help with a few chores during the day, this is unlikely to meet the "substantially all" requirements.
How To Prove "Serious Injury"
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