The New York No-Fault Law

In New York State no fault insurance is purchased as component of auto
insurance policy before you are legally allowed to operate the vehicle.
No fault insurance is also called personal injury protection coverage
(PIPO). This law is vital due to its ability to protect passengers from
injuries sustained in a car accident.

No fault insurance law has the following elements:

  • Fifty thousand dollars in personal injury protection (PIP);
  • Ten thousand dollars in property damage liability (PDL);
  • Twenty five thousand dollars in uninsured motorist coverage.

Besides, as a driver in New York, you are required to purchase an
additional protection cover in the event that the fifty thousand cover
is not adequate to cover all the damages. Additional personal injury
protection coverage (APIP) can be bought as additional increments of
fifty thousand dollars to cover lost wages and additional expenses.

Additional personal injury protection coverage (APIP) offers the following:

  • No performance , out of state loss protection to cover guests or anybody involved in a car accident;
  • Lost wages for the driver only.

On the other hand, no fault means payment of medical bills of up to
fifty thousand dollars without taking regard of the person who caused
the accident. There are two things that take place after a car accident:

  • No fault insurance pays your lost wages and medical bills except
    when an accident involves motorcycles, heavy trucks or buses. Also,
    protection of bicycle riders and pedestrians.
  • A law suit to ascertain the cause of the accident.

The no fault law rules out recovery for suffering and pain between the
persons who are covered unless the victims involved in the accident
sustains serious injuries.

Blow is a list of no fault serious injuries in the law of insurance in New York State:

  • Dismemberment – involves loss of a body part, mutilation or mangling;
  • Death as a result of accident;
  • Significant disfigurement such as a scar;
  • Traumatic abortion – loss of fetus;
  • A fracture like a broken bone;
  • Significant limitation of using a body system or function;
  • Permanent consequential limitation of using a body organ;
  • A medical condition limiting an injured person from performing
    material acts which comprises of customary and usual daily chores for
    more than ninety days out of 180 days. This means that you will miss
    work for three months in the initial six months after the occurrence of
    the accident. Missing work should be determined by a medical
    practitioner. This means that the doctor indicates that you are unable
    to work. In addition, you should demonstrate that indeed you cannot
    carry out the customary daily chores. These customary chores may range
    from driving children to school, house work or other activities.
  • Permanent loss of use of a member, system, body organ or function.
    No longer have uses part of the body because the injured person can
    qualify for one.

It is important to involve a lawyer when pursuing the claim. Personal
injury lawyers in New York charges one third fee of the claim. The
expenses you will incur will be paid by your lawyer. When the claim is
resolved, the lawyer is reimbursed for the expenses from the award. The
expenses that can be paid by your lawyer are:

  • Filing fees;
  • Deposition transcripts fees;
  • Payment of doctors and experts to testify;
  • Medical records;
  • Investigations;
  • Meals;
  • Process servers.