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Details Title: No-Fault Insurance Description: Bar Review Total Flash Cards: 12 Created: 07/02/2007 12:25:26	To study from this set of flash cards, or to create your own your own study flash cards, register HERE. If you are already a registered user, CLICK HERE.
Cards Term What is the advantage and disadvantage of no-fault insurance in NY? Definition Advantage is that you do not have to prove fault to recover. The disadvatage is that you are not allowed to bring a negligence action in court. Term How much no-fault insurance is a an operator of a vehicle required to have? Definition 50k. Term Who collects from whom? Definition A pedestrian would collect from the vehicle that hit him. Passengers would collect damages from the operator's insurance company. Term Is property damage covered by no-fault insurance? Definition No. People may seek compensation for property damage in court. Term Can a person who is j-walking, who is hit by a vehicle, recover under a no-fault insurance? Definition Yes. his negligence is not considered. Term Who is disqualified, or exempted from being compensated under a no-fault scheme? Definition Drunk drivers, fleeing felons, drag racers and car thieves. Term Where does no-fault not necessarily apply in NY? Definition In accidents where a person has suffered great econmic loss or serious injuries. The P will have to prove negligence to recover. Term Where does no-fault not necessarily apply in NY? Definition In accidents where a person has suffered great econmic loss or serious injuries. The P will have to prove negligence to recover. Term Why may a P want to evade the no-fault system and proceed to court? Definition In court, the P may recover pain and suffering, which is not provided under the no-fault scheme. Term How do you know when a person has suffered more than a basic economic loss, which affords them the opportunity to seek compensation in court? Definition Consider the medical expenses and all reimbursed earnings that exceed 2k per month over the year. If it exceeds 50k then there is more than a basic economic loss, which may be litigated in court. Term How do you know when there is a injury that is serious enough to evade the no-fault insurance scheme? Definition Injury results in death, dismemberment, significant disfigurement, serious fracture or total or permanent organ loss or function of the organ… Term Is no-fault insurance portable? Definition Yes. If you have a properly registered and insured vehicle and get into an accident outside of NY, you still qualify for your no-fault benefits. ***Question: must you use your no-fault benefits? Another words, could you go straight to court without having to show that you either suffered a grave injury or more than a basic economic loss?