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Is New York A No-Fault State for Car Accidents

New York could be a No-Fault state for car accidents as citizens. Those who own vehicles over there have to follow a minimum of the certain rules required by the NYC Traffic Laws. New York is a no-fault state means that it has certain laws & criteria for going after the claims. When you have been injured in a car accident that are very low. There are 12 no-fault states in the US from which New York is one of them. When you are in the no-fault criteria or suppose you go through a car accident.

Your car insurance company is going to pay all the compensations for your injuries & medical bills. You will not need to pay anything extra for the other person’s losses as in most of the no-fault states. It is required for the drivers to have personal injury protection (PIP) as a part of their auto insurance. In no-fault’s strictest form, both the parties have to pay for their injuries & damages. The car has taken, but it restricts the right to sue which has known as the ‘limited tort’ option. In New York’s no-fault laws, the victim can fully claim the losses of their vehicles by the other party. Who caused the accident without any limitation.

The Beginning of No-Fault System:

The public started criticizing the auto liability insurance systems in the 1960s due to their expensive & time-consuming process of determining who is a fault or who is legally liable while the accident occurred. Then in the 1970s, legislation had been introduced in multiple states through which the accident victims could claim their injuries, financial loss, plus medical & hospital bills on their insurance policies. After this most of the states allowed the victims to compensate their bills, injuries & losses by their insurance provider service. Moreover, in some of the states, they have the optional no-fault system where the victim has a choice to file a suit against the other party & reject the threshold requirements.

Only 12 states in the US including New York have restricted the right to use either on a monetary threshold, where you have to reach a certain level of injury, or medical bills to file a suit against the other party according to the NYC Traffic Rules & Regulations. These states are the only true no-fault states. The first try at a no-fault system was ‘Pay at the Pump’. The initiative of pay at the pump failed as it was regarding the sales generated from the gasoline & paying the injury & hospital bills from the sales generated from the gasoline sales.

A Serious Injury under the New York’s Law:

To follow New York’s no-fault car insurance claim system, & to follow a claim against the party who has been the reason for the accident, the injuries should be as serious as the following:

  • Bone fracture
  • Permanent limitation of a body organ or part
  • A significant limitation of a body function
  • Significant disfigurement
  • Full disability for 90 days or more

If your injuries exceed any of the above-mentioned, you will no longer stay limited under the no-fault law, & you can easily pursue a claim against the party that has caused the accident.

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