No-Fault Auto

 

In NY, auto insurance functions under a No-Fault-based system in terms of medical payments for doctor visits, hospital care, prescriptions, lost wages and much more.

When you have an accident in NY, your own insurance company pays for your medical damages, regardless of fault (up to a specified limit). These payments from your own insurance carrier are not related to any claim that you may have against the wrongdoer, except that in exchange for these No-Fault benefits, you give up some of your rights to sue the other driver involved in the accident.

In NY, you must suffer a "serious injury" (called a threshold) before you may sue the wrongdoer. Minor injuries are not enough to sustain a lawsuit.