Term
| What is the advantage and disadvantage of no-fault insurance in NY? |
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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. |
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Term
| How much no-fault insurance is a an operator of a vehicle required to have? |
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Definition
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Term
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Definition
| A pedestrian would collect from the vehicle that hit him. Passengers would collect damages from the operator's insurance company. |
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Term
| Is property damage covered by no-fault insurance? |
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Definition
| No. People may seek compensation for property damage in court. |
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Term
| Can a person who is j-walking, who is hit by a vehicle, recover under a no-fault insurance? |
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Definition
| Yes. his negligence is not considered. |
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Term
| Who is disqualified, or exempted from being compensated under a no-fault scheme? |
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Definition
| Drunk drivers, fleeing felons, drag racers and car thieves. |
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Term
| Where does no-fault not necessarily apply in NY? |
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Definition
| In accidents where a person has suffered great econmic loss or serious injuries. The P will have to prove negligence to recover. |
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Term
| Where does no-fault not necessarily apply in NY? |
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Definition
| In accidents where a person has suffered great econmic loss or serious injuries. The P will have to prove negligence to recover. |
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Term
| Why may a P want to evade the no-fault system and proceed to court? |
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Definition
| In court, the P may recover pain and suffering, which is not provided under the no-fault scheme. |
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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? |
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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. |
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Term
| How do you know when there is a injury that is serious enough to evade the no-fault insurance scheme? |
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Definition
| Injury results in death, dismemberment, significant disfigurement, serious fracture or total or permanent organ loss or function of the organ… |
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Term
| Is no-fault insurance portable? |
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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? |
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