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What is No-Fault Insurance in New York?

Automobile Accident AttorneyNew York is different from most other states in that it is a no-fault state for automobile accidents. According to the law, anyone who is injured in a car accident is entitled to recover for economic damages, up to a total of $50,000, from his or her insurance company. This includes lost wages and medical bills.

The purpose of New York’s no-fault automobile law is to make sure that everyone who is injured in an automobile accident is promptly compensated for economic losses arising out of the accident. In addition, the law serves to reduce insurance premiums, lower the number of lawsuits (by eliminating car accident lawsuits for emotional damages), and encourage quick resolution of these claims without examining who was at fault in the accident.

Under the New York no-fault law, there are  three  kinds of damages that a person injured in a car accident can incur:

  1. Basic economic loss (which includes medical expenses and lost wages);
  2. Death benefit of $2,000 (which covers reasonable funeral expenses);
  3. Economic damages that surpass basic economic loss;

Can You Still Sue for Damages and Injuries?

The injured person’s insurance company must pay the first three categories, regardless of who was at fault in the accident, for injuries arising out of the “use and operation of a motor vehicle.” Fault only becomes an issue when the injured person intentionally caused his or her own injury, was driving under the influence of alcohol or drugs, or was injured while committing a felony.

Keep in mind that this will not completely preclude you from bringing a lawsuit against the person who caused the car accident. You can still sue, for negligence or intentional conduct  or  for damages that aren’t available on your insurance claim. In order to succeed on a claim for non-economic damages, you have to prove that you sustained a “serious injury” as a result of the car accident.

What to do if You Are in a No-fault Car Accident

If you’ve been injured in a car accident in New York, you have two options: you can file an insurance claim, or you can bring a civil action against the person who caused your injuries. Let the experienced New York car accident lawyers at Gersowitz Libo & Korek, P.C. help you. For a free initial consultation, simply fill out the form on this page.

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From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
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A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
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I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
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Ed Gersowitz and all his colleagues at the firm Gersowitz Libo & Korek, PC far exceeded all my expectations for a personal injury law firm. From the moment...
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