http://nynofaultlaw.blogspot.com/Insurance law can be complicated and confusing. In New York we have a somewhat different system than other states. The system in place is called “no-fault” however the term does not have the meaning thst most people believe. The law requires that the injured parties insurance policy pay for medicals expenses, prescriptions, lost wages and some various miscellaneous expenses regardless of who was at fault in the accident. This will seem unfair to many people as there insurance remains responsible for such expenses even if they were rear-ended or for that matter struck by a drunk driver. In the event that you are injured in an automobile accident contact your insurance company immediately, tell them you were injured and ask for a no-fault application. The appication must be sent to your carrier within 30 days of the accident to preserve your rights.
Where fault for the accident comes into play is in bringing a lawsuit against the other owner/driver for pain and suffering. In order to bring such a claim an injured person must show that the other vehicle was at fault and must also have sufficient injury to satify the New York State threshold. In New York to bring a claim for pain and suffering an injured person must have a “serious injury”. There are nine different categories of what qualifies as a serious injury with some being obvious (death, dismemberment, a fracture, loss of fetus) and others which require time to determine such as muscle/tendon injuries and herniated discs which will require medical opinions to meet the threshold. The law in this area is very complicated and if you are injured in an accident it would be advisable to contact an attorney to determine your rights. These calls are normally free of cost and will provide valuable information regarding both the no-fault system, property damage as well as whether you may may a lawsuit.