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6 Cards in this Set
- Front
- Back
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When must a driver have no-fault insurance?
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Always. New York requires by statute that all drivers carry no-fault insurance of at least $50,000
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What kind of damage/injury does no-fault insurance cover?
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No-fault covers only personal injury, not injury to property
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Who is covered by an owner's no-fault insurance policy?
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1) Owner
2) Anyone driving owner’s car 3) Any passengers injured in owner’s car 4) Any pedestrians hit by owner’s car |
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Who is excluded from coverage under no-fault insurance?
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1) Drunk driver
2) Drag racers 3) Car thieves 4) Other fleeing felons |
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When can an injured party still sue in tort despite the existence of no-fault insurance?
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Must demonstrate that the injuries are in excess of the statutory threshold
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How can an injured party demonstrate that their injuries exceed the statutory threshold?
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1) Exceed threshold if you have suffered SERIOUS INJURY
i. Death ii. Dismemberment iii. Significant disfigurement iv. Serious fracture v. Permanent or total loss of bodily organ or bodily function Damages in excess of BASIC ECONOMIC LOSS. Sum of: 1. Medical expenses 2. Lost income, but only up to a max of $2,000/mo 3. $25/day misc. expenses > $50,000: can sue in tort |
