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Understanding the No-Fault Car Accident Laws of New York

A large majority of the United States operates in a manner where car accident claims are handled under a presumption of “fault.” This means one party carries most of the fault in the accident and is liable for the specific amount determined by the courts.

In New York, however, insurance coverage and car accident claims are based on no-fault. For many situations, this means that the individuals involved in a car wreck can only file a claim through their own insurance company—whereas other states allow for claims to be filed against the negligent party’s insurance provider.

There are some exceptions to this, though, and it’s important for those injured to recognize what stipulations allow for you to operate outside of the no-fault insurance laws.

When Can a Lawsuit Be Filed?

While much of the situations involving car accidents go through the no-fault statutes, there are some situations in which a separate lawsuit may be filed against a party whose negligence results in someone else’s significant damage.

New York does allow for lawsuits to be filed against the negligent party when there is “serious injury” or for vehicle damage—which is not covered under no-fault insurance.

Serious injury is considered the following:

  • Serious bone fractures
  • Permanent disabled use of body part
  • Permanent disabled use of body function
  • Full disability for at least 90 days
  • Permanent or significant disfigurement

Should you sustain injuries that fall under the “serious injury” categorization, you don’t have to go through a no-fault insurance claim. Instead, you can take action against the negligent party and his or her insurance for compensation.

At Levine and Wiss, we are aware of the problems that often exist when no-fault insurance claims are involved. However, we take the time to understand your situation, so we can help you seek the most positive outcome possible for your case.

You can trust that our New York car accident lawyers to guide you through the complex matters involving these types of claim. We’re here for you when you need us most.

Call our firm at (888) 973-0344 today.