No-Fault Insurance
When, despite the No-Fault statute, are you still permitted to file a negligence claim?
2 Situations: 1. Injuries in "excess of basic economic loss," or 2. "Serious injury."
What does No-Fault give you?
(1) All Medical expenses (2) Lost Wages, capped at $2,000 a month, and these benefits end after 3 years; and (3)$25 a day for miscellaneous expenses. Note: No pain and suffering payments. Can't get more than your policy limit; if all you bought was $50,000, once you reach your limit, the money stops.
What is the test for 'Serious Injury' in No-Fault Insurance?
Death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of a bodily organ, permanent consequential limitations on the use of a limb or organ
Facts about No Fault:
• 2 Car Accident:The people in each car look to that car's insurance policy • "No Fault"=P doesn't have to prove fault, and P recovers regardless of his own negligence • The insurance is portable (if you are not in New York)
When can someone get no fault insurance benefits?
• Driver has a claim against his own insurance • Any authorized driver has a claim • Any passenger in the car has a claim • Any pedestrian hit by driver's car
3 Important Points regarding auto insurance coverage...
1. MANDATORY in New York, 2. If you own a car, you have to have (1) liability insurance AND (2) no-fault ins 3. No-fault only relates to personal injuries; it is not about property damages, including damage to the car.
Who is rejected no-fault insurance benefits?
Drunk drivers Drag racers Car thieves, or other fleeing felons
What is the test for exceeding 'basic economic loss' in No-Fault Insurance?
Expenses in excess of $50,000 in one year. For example, a. Medical Expenses b. Lost wages of 2k/mo up to only 1 yr; c. $25 a day miscellanoues expenses up to only 1 yr Add those up and see if over 50K-- if yes, can sue for negligence. And now: (1) You can get pain and suffering (2)But if you were the one who was negligent, no benefit
When do we think about No Fault Insurance on an essay?
If there is a car accident
Fact for Suing in Negligence despite No-Fault Insurance:
P must be suing a person, not a tree, and P must prove D was negligent.
What is the bonus for obtaining the right to sue under Negligence despite No-Fault Insurance?
The Plaintiff can get pain and suffering damages if he sues (The insurance will get their money back when he gets more money)
