When A Buffalo resident is involved in a car accident, his or her initial medical expenses are paid under the provisions of the New York State No Fault Insurance regulations. Under the No Fault law, the injured party’s own automobile insurance may be required to pay the first $50,000 in medical costs, lost wages and certain other expenses arising from a motor vehicle accident.
Section 5102 of the New York State Insurance Law defines Basic Economic Loss as up to $50,000 medical expenses, lost wages and other reasonable and necessary expenses (up to $25 per day) arising from a motor vehicle accident. Because these expenses are paid by the injured party’s own insurer, they are not recoverable in a personal injury lawsuit. As a result, a person injured in car accident who incurs less than $50,000 in expenses cannot proceed with a personal injury lawsuit unless he or she has otherwise suffered a serious injury.
The Insurance Law defines a serious injury as death; dismemberment; significant disfigurement; fracture; loss of fetus; permanent loss of use of body organ, member, function or system; permanent consequential limitation of use of body organ or member; significant limitation of use of a body function or system; or a non-permanent injury which prevents performance of substantially all of the material acts which constitute a person’s usual and customary daily activities for not less than ninety of the one hundred eighty days immediately following the accident. If an individual has suffered one or more of these type of injuries, he or she has the right to sue even if he or she did not suffer more than $50,000 in basic economic loss.
If you have been injured in an auto accident and have any questions, please feel free to call us at 716-542-5444.
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