NY Auto Insurance Laws can be very confusing. Depending on the nature of your accident there is different information that you will need to know in order to protect your rights. Below are some explanations of these laws to help you better understand how certain benefits are defined and implemented.
Car accident insurance is a necessity, and understanding the details of each insurance plan is important when you start looking at your options! Protecting yourself from the problem of underinsurance is critical—know your rights!
New York Car Accident Lawyers Help Explain the New York No-Fault Insurance Law
New York car accident lawyers at De Caro & Kaplen, LLP strive to educate New Yorkers about state laws that apply when an automobile accident takes place. In New York State, personal injury claims in motor vehicle accidents are affected by the NY No-Fault Insurance Law, formally known as the “Comprehensive Automobile Insurance Reparations Act”.
An injured person covered by the no-fault insurance law cannot bring a law suit for personal injury sustained in a motor vehicle accident unless they meet certain definitions of serious or permanent injury.
The injured person is also entitled to “no-fault” benefits for medical and hospital expenses for their injuries whether or not they can also bring a law suit.
The New York motor vehicle accident lawyers at De Caro & Kaplen, LLP understand the New York No-Fault Insurance law and the proof necessary to be entitled to bring a lawsuit for your personal injuries that were sustained in a car accident.
Who Are “Covered Persons” Under the New York No-Fault Insurance Law?
The New York No-Fault Insurance Laws apply to persons who are considered to be “covered persons.” These include:
- Drivers of vehicles
- Passengers in vehicles
- Pedestrians struck by a vehicle.
- Any other person injured through the use or operation of a vehicle including bicyclists and passengers in a bus or school bus
What benefits are car accident victims entitled to under New York law following an automobile accident?
Our NY car accident attorneys can offer valuable information regarding NY auto insurance laws. Under New York’s no-fault insurance law, when a car accident takes place, any person who is injured in the accident is entitled to the following insurance benefits:
Basic economic loss benefits, which consists of medical expenses, lost earnings, and other defined expenses. Each policy of automobile insurance in New York State contains a minimum of $50,000 in basic economic loss benefits.
Who can bring a lawsuit for pain and suffering, disability, and loss of earnings sustained in a vehicle accident in New York State?
The no-fault insurance law precludes an injured person from bringing a lawsuit to recover for pain and suffering and other damages sustained in a vehicle accident unless they have sustained a “serious injury.”
Serious injury is defined in New York Insurance Law Section 5102(d) as an injury resulting in:
(i) death;
(ii) dismemberment;
(iii) significant disfigurement;
(iv) a fracture;
(v) loss of a fetus;
(vi) permanent loss of use of a body organ, member, function or system;
(vii) permanent consequential limitation of use of a body organ or member;
(viiii) significant limitation of use of a body function or system;
(ix) a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 immediately following the occurrence of the injury or impairment.
Do You Have Adequate Car Insurance Coverage to Protect You and Your Family?
Underinsurance Protection According to NY Auto Insurance Law:
NY auto insurance laws require all vehicles to have personal injury accident insurance. The minimum car coverage requirements are only $25,000 for the injury to any one person in a car crash. If you were involved in a car crash and sustained a personal injury with a driver who only had these minimum policy limits, you may not receive adequate compensation for your injuries.
To protect yourself from this unfortunate situation, NY auto insurance laws permit you to purchase additional insurance known as underinsurance protection that will provide additional coverage when you are injured in an accident with a driver with low policy limits. It is important toyou speak to your insurance broker and ask him or her to obtain proper and adequate amounts of underinsurance for you and your family.
Providing Insurance Protection to Your Spouse, If an Automobile Accident Occurs
New York drivers and their spouses recently won an important battle in New York State when the law was changed to allow insurance coverage to protect a spouse involved in a car accident.
Most people don’t know that until recently in New York, a husband or wife could not sue each other and collect damages from their car insurance coverage if injured in an automobile accident. They could not collect monetary damages from their spouse’s insurance company if one was injured due to an accident that was the others’ fault.
Now, this special and unfair protection given to automobile insurance companies in New York State has been eliminated. But in order to get the proper protection, you must insist that your insurance company provide a special endorsement on your car insurance policy. Many companies do not even charge extra for this new coverage, but you must ask for it specifically in order to receive it.
If you have New York State insurance, contact your insurance broker immediately and request that your auto insurance coverage contain the special spouse endorsement as well as proper limits for underinsurance injury protection.