Insight

Your Fault or My Fault, It All Goes Through No-Fault

The No-Fault System, which helps victims receive payment for accident-related medical bills, does not always regard minor accidents on court dockets.

Man at steering wheel leaning forward grasping sore neck
MT

Michael L. Taub

May 24, 2023 03:00 PM

Consider this scenario. You’re driving and stopped at a red light when another vehicle hits you from behind hard enough to deploy your airbags. You quite literally feel like you’ve been hit by a truck. A few minutes later, when the shock begins to recede, you notice a painful sensation in your arm, which is at an odd angle. You think it best to get emergency treatment.

A visit to the local Emergency Room, together with charges for x-rays, a radiologist’s review and an orthopedic consult, can easily run into the thousands, with even more on the horizon for follow-up treatment, possible surgery and physical therapy. You have medical insurance, but you’re not concerned about things like deductibles and co-pays; since the other driver was completely at fault, it shouldn’t be too hard to have his insurance company cover the bills.

Your thought process is logical but possibly incorrect. In New York and other No-Fault states, your own automobile insurance covers your medical bills, even if the accident was completely the other driver’s fault. The intent underlying the No-Fault system is to secure payment of accident-related medical bills without regard to fault so as to remove relatively minor motor vehicle accidents from the Court docket.

In exchange for the prompt payment of medical expenses, the No-Fault system restricts the ability to sue an at-fault driver for non-economic loss, commonly referred to as pain and suffering. In New York, an injured party can sue only if a “Serious Injury” is sustained. The term in quotes is defined in the New York Insurance Law; some definitions are specific (“fracture”), while others (“significant limitation of use of a body function or system”) are vague enough to have spawned significant quantities of appellate level case law to interpret its meaning.

According to Nationwide Insurance, 18 states currently have a No-Fault system; in three of those states, No-Fault is optional, such that the insured can choose whether to be bound by its dictates. The details vary widely from state to state in terms of what is and is not covered, as well as the dollar limits of the coverage.

In Michigan, for example, the coverage amount is optional, ranging from $50,000 to $500,000; additional medical coverage is required in order to choose a lower benefit level. The liability component of the policy covers an owner or driver for causing damages if someone is killed, seriously injured or permanently disfigured. The Utah statute has much lower limits, whereby injured drivers must seek payment of the first $3,000 in medical expenses from their own insurance carrier.

No-Fault is a controversial system because it restricts an injured party’s right to sue for pain and suffering damages. In New York, the statute permits such lawsuits upon proof of a fracture. Since the law does not specify the severity required, a non-displaced fracture of the pinky—a minor injury at best—is not differentiated from an open, compound fracture of a limb. The former injury may or may not require a splint for a few weeks, while the wrist fracture will probably require surgery. But in either case, the victim is in the Serious Injury “safe harbor.” Sustain a fracture, and you’re in!

No-Fault Insurance can be a positive. A system that secures the prompt payment of accident-related medical bills without litigation is a “Good Thing.” Without the benefit of No-Fault insurance, the driver in the above scenario would have to litigate in order to recover a relatively small amount in expenses. And if liability were to be contested—for example, each driver states that the other driver failed to stop at a stop sign—the question of fault would have to be determined before medical expenses would be covered. If someone did not have medical insurance, bills for necessary treatment would not be covered for a sustained period of time, if at all.

However, the system could stand some improvement in its definition of “Serious Injury.” As it now stands, one can undergo significant treatment for a full-thickness rotator cuff tear with surgery and follow-up physical therapy and still have to contend with a Serious Injury defense at the time of trial, whereas someone with a pinky fracture has automatically complied with the Serious Injury definition. This is especially uneven with the type of accident that occurs. A motorcycle accident lawsuit may include more serious injury than one with two SUVs.

While the No-Fault system may seek to remove motor vehicle cases from the courtroom, there are still plenty of them on the docket. The New York system, for one, could stand improvement in its application—permit the payment of medical expenses while creating a safe harbor to allow recovery of pain and suffering damages for injuries like a double disc herniation which requires a laminectomy, discectomy or fusion.

No need to torpedo the entire system; take the positive aspects and fix the rest in order to make its application more equitable.

Michael L. Taub is a partner with The Platta Law Firm, PLLC, in New York City. He has been a member of the New York Bar and a practicing attorney for 38 years.

Headline Image: Adobe Stock/Tinatin

Related Articles

IN PARTNERSHIP

Protecting Patients and the Public


by Justin Smulison

Lubin & Meyer completes its most successful year yet, charting new territory with a historic class action suit involving hundreds of patients in New England.

Group of lawyers seated and standing around a table

IN PARTNERSHIP

Ontario Personal Injury Claims: How Long Can Clients Expect to Wait?


by Salvatore Grillo

Personal injury lawyer Salvatore Grillo discusses types of personal injury claims and how long lawyers and clients can anticipate wait times for resolution.

Insurance forms and a pen with doctor in background

IN PARTNERSHIP

What Are the Benefits of Hiring a Lawyer After a Car Accident?


by Jamie S. Cogburn

Want to learn more about the benefits of hiring a car accident lawyer? Contact J. Cogburn Law for a free consultation with a Las Vegas car accident lawyer.

Man at desk writing with two toy cars in front of him

IN PARTNERSHIP

Injured in a Car Accident? 7 Steps You Need To Take Immediately


by Mark H. Perenich

Personal injury lawyer Mark Perenich offers advice on the seven most important steps to take immediately after you have been injured in a car accident.

Man and woman in car with airbags deployed and smoke coming from dash

IN PARTNERSHIP

Georgia's Protector


by Justin Smulison

As one of the nation’s leading brain injury authorities, Adam Malone’s legal accomplishments continue to benefit Georgia’s public and its legal community.

Lawyer sitting in a chair with a book posing for photo

IN PARTNERSHIP

Should I Hire a Lawyer After a Car Accident in Brentwood, TN?


by Harlene Labrum

Learn whether you should hire a lawyer after a car accident lawyer in Brentwood, TN. Contact Labrum Law Firm Personal Injury Lawyers for a free consultation.

Road caution sign in front of two wrecked cars

IN PARTNERSHIP

What Will a Chicago Car Accident Lawyer Actually Do for You?


by Adam Zayed

Personal injury lawyer Adam Zayed explains the important steps a Chicago car accident lawyer will take to ensure you receive the best legal representation.

Blurry image of fast moving traffic in big city

IN PARTNERSHIP

Precision in Practice


by John Fields

For four decades, the Perecman Firm's unwavering commitment to legal excellence has been crucial in securing victory for those facing life-altering injuries.

Three lawyers stand in NYC street posing for picture

IN PARTNERSHIP

A Winning Approach


by John Fields

Recognized New York-based lawyer and trial legend Benedict Morelli, with his firm sharing the keys to their courtroom success, has developed a winning approach.

Three lawyers wearing suits pose for a picture

IN PARTNERSHIP

Raising the Bar


by John Fields

New York City-based powerhouse Block O’Toole & Murphy continues to set new benchmarks for personal injury cases, with the firm achieving landmark victories.

Five lawyers sit and stand posing for a photo

IN PARTNERSHIP

Easton & Easton: Let Our Family Help Yours


by Justin Smulison

For more than 50 years, Easton & Easton have continued to be the go-to trial law firm for injury and wrongful death claims in Southern California in 2023.

Group of lawyers pose at table with globe in forefront

5 Things To Consider When Choosing a Car Accident Lawyer in Dallas, TX


by Jay Murray

Choosing the right car accident lawyer for your case in Dallas, Texas, is essential. Read this article to learn about 5 things to consider during the process.

Figure in suit checks off an animated list

IN PARTNERSHIP

Making A Meaningful Difference in Clients Lives


by Justin Smulison

Scarlett Law Group is hailed as one of California’s personal injury trailblazers, representing plaintiffs from all backgrounds. Here's the firm's recipe for success.

Three lawyers in suits pose in front of a bridge

IN PARTNERSHIP

Injured in An Accident in Fort Worth, TX? 5 Steps You Need to Take Immediately


by Bradley Parker

A Fort Worth, Texas lawyer explains the five most important steps that should be taken immediately in the event that you are injured in a car accident.

Busy interstate roadway with speeding cars

Understanding Statute of Limitations in Personal Injury Cases


by Best Lawyers

In personal injury cases, the statute of limitations can vary depending on several factors. To navigate the process, consider hiring a legal professional.

Animated woman holding a clock and coin while balancing on plank

Why You Should Hire a Lawyer When Filing a Personal Injury Lawsuit


by Best Lawyers

When filing personal injury claims, which is typically a complex and distressing process, consider consulting with an experienced personal injury attorney.

Unseen individual with hand brace points to a legal contract

Trending Articles

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

Best Lawyers Expands Chilean 2024 Awards


by Best Lawyers

Best Lawyers is pleased to announce the 14th edition of The Best Lawyers in Chile™ and the inaugural edition of Best Lawyers: Ones to Watch in Chile™, honoring the top lawyers and firms conferred on by their Chilean peers.

Landscape of city in Chile

Best Lawyers Expands 2024 Brazilian Awards


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Brazil™ and the first edition of Best Lawyers: Ones to Watch in Brazil™.

Image of Brazil city and water from sky

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

The Best Lawyers in Mexico Celebrates a Milestone Year


by Best Lawyers

Best Lawyers is excited to announce the 15th edition of The Best Lawyers in Mexico™ and the second edition of Best Lawyers: Ones to Watch in Mexico™ for 2024.

Sky view of Mexico city scape

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

The Best Lawyers in Peru™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 10th edition of The Best Lawyers in Peru, the prestigious award recognizing the country's lop legal talent.

Landscape of Peru city with cliffside and ocean

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

Presenting the 2024 Best Lawyers Family Law Legal Guide


by Best Lawyers

The 2024 Best Lawyers Family Law Legal Guide is now live and includes recognitions for all Best Lawyers family law awards. Read below and explore the legal guide.

Man entering home and hugging two children in doorway

The Best Lawyers in Colombia™ 2024


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Colombia™ for 2024, which honors Colombia's most esteemed lawyers and law firms.

Cityscape of Colombia with blue cloudy sky above

Announcing the 2024 Best Lawyers in Puerto Rico™


by Best Lawyers

Best Lawyers is proud to announce the 11th edition of The Best Lawyers in Puerto Rico™, honoring the top lawyers and firms across the country for 2024.

View of Puerto Rico city from the ocean

Canada Makes First Foray Into AI Regulation


by Sara Collin

As Artificial Intelligence continues to rise in use and popularity, many countries are working to ensure proper regulation. Canada has just made its first foray into AI regulation.

People standing in front of large, green pixelated image of buildings

Commingling Assets


by Tamires M. Oliveira

Commingling alone does not automatically turn an otherwise immune asset into an asset subject to marital distribution as explained by one family law lawyer.

Toy house and figure of married couple standing on stacks of coins

How To Check a Lawyer's Reputation


by Best Lawyers

If you find yourself facing legal issues, researching and hiring a lawyer with a solid track record and high level of credibility can make all the difference.

Figure holding a magnify glass over digital profile