No-Fault Insurance Flashcards
What is New York No-Fault Automobile Insurance?
- an operator or a passenger of a motor vehicle look tot heir own insurance provided 1st for compensation for their injuries
- Only seek compensation from other pty when:
- losses are greater than $50K OR
- a “serious injury”
What is the motor vehicle insurance requirements?
Owner w/a registered vehicle in NY is required to carry liability insurance in specific amounts particularly
- $50K for injuries sustained by passengers ^ pedestrians
- $50K for death of one person in oe accident
- $50K for bodily injury to 2 or more persons in one accident
- $25K for bodily injury to one person in one accident
- $100K death of 2 or more persons in one accident AND
- $10K for injury to or destruction of property in any one accident
What is considered a motor vehicle?
- It is a vehicle operated or driven on a public highway
- that is propelled by any power other than muscular power
- INCLUDES - steering a car w/a disabled battery
- EXCLUDED as motor vehicles:
- motorcycles
- electricially driven mobility devices operated by a disabled individual
- vehicles that only runs on rails or tracks
- snowmobiles
- ATVs
What is the motor vehicle financial security act?
Recovery from Insurance Co. 1st
- Basic economic loss up to $50K
- Med exp + lost wages + reasonable & nec. exp.
- $2K death benefits
Economic loss exceed $50K or “serious injury”
- collect tortfeasor
- can bring an action against tortfeasor for property loss
What & who is covered under no-fault insurance?
- A person involved in a motor veh accident is covered by his own ins. for:
- basic economic loss +
- death benefits of $2K
- Covered pty inculde:
- owner, operator or occupant of the motor vehicle while having the required insurance
- pedestrians injured through operation of the motor vehicle
What basic economic loss are covered?
- Basic economic loss is up to $50K/person including:
- medical expenses
- lost wages up to $2K/mth for 3 yrs from the date on injury AND
- other reasonable & necessary expenses up to $25/day for up to a yr from the date of injury
- cabs, parking, tolls
What is included under medical expenses?
- nec. exp. for medicial, hospital, surgical, nursing, dental, ambulance, xray, prescriptions & prosthetics
- psychatric, physical, occupational therapy & rehabilitation
- non-medical remedial care in according w/religous method of healing
- other health services if determined that w/in one yr of accident future med exp needed
What is include in lost wages?
Up to $2K/mth for 3 years from date of injry:
- reasonable & nec. exp to obtain service in lieu of the injuries
- lost profits
- no double dipping if you also get from employer
- if lost wages is over $2K/mrh but less than the $50K, inddividual can seek compensation outside his own insurance provider even if not a “serious injury”
What does the injured person not recover for?
- the first 20% of lost wages
- the amounts paid under SS, disability benefits or Medicare AND
- insurance policy deductibles
When are first pty benefits available?
- anyone injured by the operation of the insured’s motor vehicle who is not the occupant of another motor vehicle or motorcycle;
- the insured and members of his household, including spouse, children, or relatives;
- a New york resident who is not covered (because he neither owns a motor vehicle nor is a household member of a motor vehicle owner) who is injured by the use or operation of the insured motor vehicle outside of New york and within the United States; and
- the estate of a covered person who is not the occupant of another motor vehicle for a death benefit of $2,000 in addition to first-party benefits for basic economic loss.
When may a insurer refuse to pay first pty benefits?
If the insured:
- intentionally caused his own injury
- insured is injured by
- operating notor veh under influence of drug or alcohol
- committing a felony or avoiding unlawful arrest
- racing
- operating a known stolen veh
- operating/occupying a veh in which ins. not in effect
- pedestrian hit by his own veh where no ins. in effect
- repairing/servicing veh in course of bus. while on bus premise
What constitutes a serious injury?
- death
- dismemberment
- significant disfigurement
- non-permanent injury that prevents the injured from forming substantially all of the material acts which constitute such person’s usual & customary daily activities for a period of 3 months
- loss of fetus
- fracture