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The New York Legislature put the “No-Fault Law”into effect in 1973. With this law, every owner of a motorvehicle in New York must carry insurance that willpay for the “basic economic loss.” Anybody hurt by the vehicleor vehicle driver in the event of an accident. This is called“no-fault insurance” because the loss (only basic economic) mustbe paid by the owners insurance, no matter whose fault it is. Amotorist must have a minimum of $50,000 of personal injuryprotection coverage (a.k.a. “no-fault” coverage). In certainsituations, a person may not be covered by no-fault benefits forseveral reasons, including intoxicated driving, intent to causean accident, injury while perpetrating a felony, or having racedthe vehicle when they sustained the injury.

Basic economic loss does not include pain and suffering.Actually, the No-Fault Law does not allow an injured person froma car accident to sue the responsible party for pain andsuffering unless the injured person received a “serious injury”such as broken bones, dismemberment, or death.

Some of the purposes of the No-Fault Law, include reducing thenumber of lawsuits that are filed over minor injuries, andinsuring that every person injured in a car accident in New Yorkwill be restored to health and productivity as swiftly aspossible. The No-Fault Law is helpful in that it allows forprompt payment of medical bills and other actual expenses of theinjured person without requiring proof that any driver was atfault in the accident. However, the law No-Fault does not allowinjured persons to recover money for pain and suffering unless a“serious injury” was sustained.

There is much debate over what can be defined as a seriousinjury. To begin with, the No-Fault Law itself gives certaintypes of injuries that automatically qualify as “seriousinjuries”, such as broken bones, dismemberment, and death. Thereare several other categories of serious



injury defined by No-Fault Law.There are specific and short deadlines for many types of caraccident claims (i.e., a claim for basic economic loss benefitsagainst a no-fault insurance carrier must be made within 30 daysof the accident, or no claims will be paid). Proving negligenceand a serious injury involves proof that must be attained andshown in a very specific manner. No-fault insurance carrierstypically investigate claims to insure that medical expenses,wage loss and other claims are legitimate and/or medicallynecessary and can deny any claims they deem unnecessary.

About the author:Those injured in a car accident arethus strongly encouraged to seek legal counsel from an attorneyexperienced in no-fault law as soon as possibleto insure that all insurance benefits and legal rights areprotected and secured to the fullest extent possible under thelaw. >

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