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Is New York a Fault Car Insurance State?

New York is one of a handful of states that follows the “no-fault” system for car accident claims. This means that if you are involved in a car accident and the other driver is at fault, your own auto insurance would cover your medical expenses through your Personal Injury Protection (PIP) or “medical benefits” coverage, up to the policy limits.

No-fault claims do not cover non-monetary damages (non-economic) for pain and suffering or loss of consortium. If you wish to step outside the no-fault system and file a claim against the at-fault driver for your non-economic losses, such as pain and suffering, etc., your injuries must be serious enough to meet the state’s criteria and pursue further damages.

What Qualifies as a Serious Injury?

As we mentioned above, in order to pursue non-economic damages for things like pain and suffering, you must have suffered a “serious injury.” Serious injuries include, but are not limited to the following:

  • Broken bone
  • Paralysis
  • Amputation
  • Permanent scarring or disfigurement
  • A substantial full disability for at least 90 days
  • An injury that resulted in a permanent limitation to a body part
  • An injury that resulted in a significant limitation of a body function

Thousands of car accidents every year involve serious injuries. If you have sustained serious injuries as a result of a car accident, you should not be limited to filing a no-fault claim under your own insurance policy. You may be able to file a claim against the at-fault driver for all of the non-economic damages you have suffered, which you cannot obtain from a no-fault claim.

If you have been injured in a car accident in Schenectady or Saratoga Springs, we urge you to contact our firm to explore your options for compensation. Call us today – all of our initial consultations are free.