No Fault Insurance – What it covers and what you need to prove if you have a case

When you are injured in a car accident, you are provided with No Fault Insurance which covers all medical, surgical, hospital treatment, etc. and all therapy and pharmaceuticals.  Additionally, you are covered for Lost Earnings and out of pocket expenses up to $25 per day.

The New York State legislature enacted the No fault statutes in the 1970s to address the growing problem of lawsuits that were overloading the Court system.

The legislature took away an injured person’s right to sue unless the person sustained a legally defined “serious injury.”

Proving serious injury requires medical proof, not just subjective complaints of pain.  If a person is injured in a car accident, he must substantiate his injuries with objective testing, e..g., MRI, Ct scan, x-rays, etc.  Unless the person suffered a fracture or had surgery or had a disfiguring scar, etc., the injured person must show a medically proven injury that prevented the person from performing their daily usual activities for 90 (out of 180) days following the accident.  That means not working, not being able to play sports, not being able to walk for long distances, etc.  The injured person needs to show that they were taking car of their injuries by attending physical therapy, chiropractic, etc. during this period of time.

If you have had an accident involving a motor vehicle, you need to contact an attorney that has experience in this area of law.  Contact Charles DeStefano at 718-390-0580 or 718-ABOGADO (718-226-4236).

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