The New York “No-Fault” Law
Some thoughts on injuries in car accidents. Insurance companies try to sell the idea that if there is not a lot of damage to your car, you can’t be seriously hurt. This has been disproved by numerous studies, but let me tell you about a demonstration that some attorneys have used at trial to demonstrate injury to the jury. A low speed car accident can push your body and brain back and forth, even without a lot of property damage.
A good lawyer trick: A trial attorney may hold up and drop a carton of eggs to the ground. The eggs break, yet the carton remains visibly undamaged. Like the eggs, the human body can be hurt, yet a car, like the egg carton, can show very little outside damage. Insurance companies seem to have the attitude that everyone exaggerates or fakes pain.
In thousands of negotiations with insurance companies, I’ve heard them “poo-poo” clients’ complaints of pain. Pain alone won’t carry the day, either for settlement, or in court. Learn why by reading on. What do we mean by “No-Fault”? Put simply, No-Fault refers to having your accident-related medical bills paid, up to $50,000, 25 GARY E. ROSENBERG regardless of whose fault the accident is.
Two different things happen after a car accident. First: No-Fault insurance pays your medical bills and lost wages, except in certain instances involving buses, motorcycles and heavy trucks. No-Fault also protects pedestrians and bicycle riders.
This should not be confused with issues of liability in an accident, which are very much about who is at fault, and the focus of the second thing that may happen: a lawsuit. Let’s learn about No-Fault insurance and what it means for your car accident case.
