Deciphering who is considered liable for paying for damages and injuries that result from auto accidents is handled at the state level. New York is one of many states which adhere to the no-fault system.
The no-fault system means that when you are in an accident, it doesn’t matter who caused the crash, the drivers deal with their own insurance company to get reimbursed for any damages that they incur.
The only time that someone in a car accident in the state of New York can go outside of the no-fault system and file a lawsuit is if there is something called a “serious injury.”
Sometimes called a “limited tort,” for no-fault states, there is a serious injury threshold that might allow someone who is injured in an accident to sue the at-fault driver outside of the no-fault claim with their insurance.
Why would you want to go outside of the no-fault system?
If you are in a car accident in the state of New York, you are required to go through the confines of no-fault laws. That means that you are required to file a claim with your own insurance company to have your damages reimbursed.
A reason that you would want to go outside of the no-fault system is to recover non-economic damages. Non-economic damages are things like emotional distress and pain and suffering. They can only be retrieved by initiating a standard personal injury claim.
What is the serious injury threshold according to New York’s no-fault laws?
In the state of New York, the maximum amount that is recoverable through the no-fault system of auto accidents is $50 thousand per person. If a person’s injuries and damages are over the $50 thousand threshold, then it is possible for you to go outside of the no-fault system and to initiate a personal injury suit with the at-fault driver.
Also, if your injuries are considered “serious,” then you can sue the at-fault driver in court.
What does the no-fault system include?
When you file a claim through the no-fault system, you are entitled to recover all the costs that are related to any medical treatment that you had done. Medical treatment does include physical therapy, and, when necessary, psychiatric treatment.
It also covers any lost wages from work, but the cap is $2 thousand a month, and it can only pay for as many as three years, even if you are out of work for a more extended period. Any other related expenses to the accident can be paid up to twenty-five dollars daily, and they can only be paid up to one year post-accident.
For you to receive compensation past what is outlined by the no-fault system, your injuries would have to be serious or extensive enough to alter your future forever.
Things like dismemberment, death, loss of a fetus, loss of function of any organ or limb, or any impairment that alters your physical capacity are considered serious enough. One of the ways to know if your injuries pass the serious injury threshold is to hire a Queens auto accident lawyer to plead your case.
What if your injuries don’t qualify?
If your injuries are not considered coverable due to the serious injury threshold, then you are limited in what you can collect. If you can’t go outside of the no-fault system:
- You won’t be able to collect non-economic damages like pain and suffering or emotional distress.
- The property damage you suffer won’t fall under the scope of a no-fault claim. You can sue the at-fault driver to have your car repaired or their insurance carrier, or if you have collision insurance, then you can file a claim with your insurance carrier.
- Your injuries will be your responsibility unless you can prove that the at-fault driver intentionally acted recklessly (e.g., they were drinking and driving or excessively speeding).
- Anything that is over the $50 thousand threshold will be your responsibility.
In the state of New York, if you aren’t hurt past the serious injury threshold as defined by New York auto law, then you have to seek compensation outside of the no-fault system. Since what you can recover is limited, it is advisable to consult a lawyer before you assume that you aren’t eligible to file a personal injury lawsuit. You may be entitled to more than you think.
Article Submitted By Community Writer