New York No Fault Insurance Law Q and A

There are many misconceptions regarding the New York no-fault insurance laws. The intention of these frequently asked question and respective answers is to add lucidity to the gray areas of the New York no-fault law, or article 51, and debunk some of the myths.

  • Does No-Fault Mean That When There is an Accident Nobody is Responsible?
  • No, it does not. It simply means that the insurance company must handle the expenses incurred by the driver and passengers of an insured vehicle, as well as any pedestrian or bicycle riders that were struck by that vehicle, in a timely manner, prior to determining who was actually at fault.
  • Is There a Maximum Amount that the Insurance Company is Liable for Under New York No-Fault Law?
  • Yes. The New York no-fault insurance company is responsible for paying up to $50,000 for injuries and loss per individual that was a result of an accident.
  • Can I Still Be Sued or Sue Someone Under the New York No-Fault Law?
  • Yes, lawsuits are possible above and beyond the threshold of $50,000.00 but there are determinations regarding the seriousness of an injury that must be decided by the court prior to moving forward.
  • What Determines the Degree of Severity Required to Pursue a Lawsuit?
  • The law classifies serious injury into seven categories. Two pursue a lawsuit the injuries must fall into at least one of these categories. Recently the court has allowed suits to proceed where the injury was covered by a combination of two or more of these seven categories:
    1. Loss of life
    2. smemberment or disfigurement.
    3. Bone fractures
    4. Death of an unborn child
    5. Loss of a body function, system or loss of a vital organ.
    6. Significantly reduced body function, system or organ use limitation.
    7. A medically determined, temporary disability, which prevents the injured person from performing normal everyday activities for greater than ninety days during the one hundred eighty days immediately following the injury causing accident.
  • Are Motorcycles Covered by No Fault New York Insurance Law?
  • No, Motorcycles are not covered and require special insurance.
  • Do I Need an Attorney If I am Involved in a New York No Fault insurance Accident Even if My Injuries are Slight?
  • Yes, it is a very good idea to have an attorney for a no-fault insurance case regardless of your perception of it. You may be sued by one of the other parties, have injuries far more serious than you think or may be offered a poor settlement. An experienced New York No Fault attorney can cut through all of the red tape and gray areas of the law and get you the settlement that you truly deserve. The accident lawyer can also interpret areas of the law and help you, doctor, to properly file papers so the court makes the correct determination.
  • How Do I Find the Best New York No Fault Attorney for My Case?
  • That is Easy. First, consider the Law Offices of Tanya Gendelman in Brooklyn. There you will find an attorney who is highly experienced in the complexities of the no-fault laws of New York to help you. You may receive a free consultation and if you are too hurt to travel the attorney will meet with you at home, in the hospital or even at rehab. We are your front line in the battle against the notoriously tight insurance companies.