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October 14th, 2009

New York’s No-fault Automobile Insurance Law

Posted by Matthew F. Belanger, Partner, Faraci Lange

I. Introduction

In an effort to combat rising automobile insurance rates, in 1974 the New York Legislature passed sweeping changes to the Insurance Law designed to provide a basic level of economic coverage for New York drivers hurt in motor vehicle accidents while at the same time significantly curtailing the number of motor vehicle cases litigated in the State courts.

Known as the No-Fault law, the statutes create a dual system for compensating persons involved in motor vehicle accidents. Regardless of fault, every automobile insurance policy in New York provides for the payment of first-party benefits of up to $50,000 for “basic economic loss” for covered persons injured in car accidents, but bars the filing of lawsuits against the at-fault party to recover non-economic loss (i.e. pain and suffering) except for those who have suffered “serious injury” as defined by the statute. More…

May 21st, 2008

What should you do when you have an automobile accident?

Posted by Stephen G. Schwarz, Managing Partner, Faraci Lange

Being involved in a serious motor vehicle accident is for most people one of the most traumatic experiences in their lives. Obviously, of first importance is taking care of any physical injuries you or your family members have suffered in the accident.

But once the initial injuries have been addressed, it is important to understand your rights, duties, and responsibilities under New York law because failure to do so could result in the loss of benefits under your insurance policy that you have paid premiums for and are entitled to receive. There is another document on this website that outlines in detail the New York No-Fault law; this article details the steps you need to take to protect yourself and your family. 

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