Ny

Front 1

Purpose of the No-Fault Insurance Law

Back 1

To screen "minor" suits out of the litigative process

Front 2

No-Fault Threshold

Back 2

The plaintiff must plead past no-fault threshold: there must be (a) a serious injury, or (b) a loss greater than basic economic loss

Front 3

Statute of Limitations

Back 3

Begins to run on the date of the accident, and not when the plaintiff discovers his "serious injury" or when "basic economic loss" is exceeded

Front 4

Prerequisite to Registration

Back 4

(1) Insurance in NY is mandatory. The insured must obtain insurance with both the required liability coverage (25K for bodily harm, 50K for death and 10K for property damage) and the required no-fault provisions.

(2) Self-insured - must complied with the no-fault coverage. Own funds will be either set aside to meet losses or they will use their own funds up to a certain amount, and cover any excess amount with insurance purchased through traditional means.

Front 5

General Provisions - First Party Protection for Personal Injuries

Back 5

Together with liability coverage, the Act provides up to 50K first-party benefits (no-fault benefits payed to insured) PLUS 25K/50K/10K minimum liability coverage is the insured is sued by the third party in a tort action (third-party protection)

Front 6

No Property Damage Coverage

Back 6

No coverage for property damage, but the liability portion of the automobile policy must provide minimum of of 5K damage coverage

Front 7

Effect of Uninsured Motorist Coverage

Back 7

The Motor Vehicle Accident Indemnification Corporation ("MVAIC") provides no-fault benefits to injured parties who, through no fault of their own, were involved in a motor vehicle accident with:

(1) uninsured motor vehicles registered in a state other than NY;

(2) unidentified (hit and run) vehicles;

(3) stolen motor vehicles;

(4) motor vehicles operated without the vehicle's owner permission;

(5) insured motor vehicle whose insurer either denies coverage or disclaims liability;

(6) unregistered motor vehicles;

(7) motor vehicles registered in NY, but which didn't have a liability policy in effect at the time of the accident

Front 8

"Use or Operation" of Vehicle

Back 8

The Act covers only the use or operation of a motor vehicle. Entering, leaving, loading/unloading are questionable.

Front 9

"Covered Persons"

Back 9

Where the injures are caused by the insured-woner's vehicle, "covered persons" are:

(1) owner (incl. motorcyclists);

(2) operator (incl. motorcyclists);

(3) occupant of insured's auto;

(4) pedestrian hit by insured's auto; and

(5) any other person entitled to first-party benefit

(6) persons injured by an uninsured motorist and, outside of the state, by an insured motor vehicle named insured and her spouse, child, and relatives who regularly reside in her household, except for the occupants of the motorcycle;

(7) occupants of a school bus, but only if not covered by another policy providing first-party benefits;

(8) pedestrians injured by a motorcycle or ATV in NY

Front 10

No distinction Between Permissive and Nonpermissive Users

Back 10

No distinction is made except for the person who operates or occupies a vehicle known by her to be stolen

Front 11

Injured by (a) Uninsured motorist's auto or (b) Insured motor vehicle outside the state

Back 11

For such injuries the "covered persons" include the

Front 12

Persons that may be excluded

Back 12

(1) Persons occupying another MV or a motorcycle;

(2) Any person injured:

(a) by his own intentional act;

(b) while operating a MV in an intoxicated state;

(c) while committing a felony or attempting to avoid a lawful arrest by a law enforcement officer;

(d) while operating a MV in a race or speed test;
(e) while operating or occupying a MV known by him to be stolen;

(f) while operating or occupying his own MV for which no-fault coverage is not in effect;

(g) while a pedestrian being struck by his own vehicle for which no-fault coverage is not in effect; and

(h) while repairing, servicing or maintaining a MV an the injury occurs on business premises

Front 13

Geography - Nationwide

Back 13

No-fault coverage extends to the use or operation of an auto anywhere in NY or in any other state