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10 Cards in this Set

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  • Back
What does no fault insurance cover?
Only personal injuries (medical and lost pay), not property damage
Who is covered by no fault insurance?
1. the owner of the car
2. anyone driving the owner's car
3. any passengers injured in the owner's car
4. any pedestrians injured by the owner's car
Who can't recover no fault insurance?
1. a drunk driver
2. drag racers
3. car thieves
4. other fleeing felons
What is the max to collect from no fault insurance?
$50k
When can you sue in tort, notwithstanding no fault?
plead past the threshold - demonstrate that your injuries arein excess of the statutory threshold.
Two ways to plead past the threshold:
1. suffered serious injury
2. show that you have damages in excess of what the statute calls basic economic loss.
Does no fault recovery ever include pain and suffering?
no
Is no fault insurance portable?
Yes, if injured in CT can still recover
How do you show that you suffered a serious injury to plead past the no fault threshold?
1. suffered death
2. suffered dismemberment
3. significant disfigurement
4. serious fracture
5. permanent or total loss of a bodily organ or bodily function
Can you recover no fault and sue for negligence?
Yes
How do you show damages in excess of what the statute calls basic economic loss?
"Medical expenses + lost income + $25/day
if the sum is higher than $50k you have serious economic loss and can sue in tort
lost income = up to $2k/month"