- **Q: What is New York's No-Fault insurance system?
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Legal / Car Accidents
This article summarizes recent insights from Queens car accident attorney Keetick L. Sanchez on navigating New York's complex compensation system for car accident victims, the state's serious injury threshold, and reports on a fatal bicycle...
## New York Car Accident Compensation Queens car accident attorney Keetick L. Sanchez explains that New York's No-Fault insurance system requires accident victims to initially seek coverage through their own PIP benefits, which provide up to $50,000 for medical expenses and lost wages. Missing the 30-day filing deadline can result in losing access to essential coverage.
PIP benefits reimburse only 80% of lost wages, up to $2,000 per month for three years. Medical costs from significant injuries can quickly exceed the $50,000 cap. Lawsuits against at-fault drivers can be pursued if medical expenses exceed $50,000 or if a "serious injury" is suffered, such as fractures, permanent loss of bodily function, or injuries preventing usual activities for 90 out of the first 180 days post-accident.
New York follows pure comparative negligence rules, meaning injured parties can recover damages even when partially at fault. The compensation is reduced by the percentage of their responsibility for the accident.
## New York's Serious Injury Threshold Under New York Insurance Law Section 5104(a), accident victims must meet the statutory definition of a serious injury to sue for damages unless their basic economic losses exceed the $50,000 No-Fault coverage cap. Section 5102(d) lists nine specific categories of injuries that qualify as serious, including death, dismemberment, loss of a fetus, and fracture.
One of the most commonly litigated categories involves a medically determined, non-permanent injury that prevents victims from performing substantially all of their normal daily activities for at least 90 days within the first 180 days following the accident. Objective medical proof, such as MRIs and CT scans, is required.
Motorcyclists are excluded from New York’s No-Fault insurance system, allowing them to bring lawsuits against at-fault drivers for any injury without having to prove it falls within the statutory categories.
## Davis Cyclist Fatality Julie Veress, 60, of Davis, was identified as the cyclist killed in a collision on a North Davis bike path. A juvenile cyclist sustained minor injuries. The Davis Police Department is investigating the cause of the collision, which involved an e-bike. The bike path was temporarily closed for investigation.
## Sources - Barchart News: [https://www.barchart.com&ref=yanuki.com] - PR-Wiki: [https://www.pr-wiki.de&ref=yanuki.com] - Davis Enterprise: [https://www.davisenterprise.com&ref=yanuki.com]
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