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

Proving Negligence in a South Carolina Personal Injury Case


by Wyche

In South Carolina, as in other states, there are specific elements of negligence that must be established for a successful personal injury claim.

How to Prove Negligence in a South Carolina Personal Injury

IN PARTNERSHIP

How Much Time Do I Have to File a Personal Injury Lawsuit in Kentucky?


by Jay Vaughn

If you or a loved one has suffered due to someone else's actions, depending on the state, personal injury claims could still be a viable legal option.

Hand holding a gavel strikes down bench with people in backdrop

IN PARTNERSHIP

Battle-Tested Dedication for Truck Wreck Victims


by The Law Offices of Frank L. Branson

Courtroom legend Frank L. Branson and his team give a voice to the voiceless, representing victims of catastrophic trucking and motor vehicle accidents.

Man in suit stands with hands on chair

IN PARTNERSHIP

Common Personal Injury Claims and the Importance of Hiring a Lawyer


by Joshua Michael Palmintier

The Palmintier Law Group sheds light on why it's crucial for individuals to hire legal representation when facing one of many different personal injury claims.

Hard hat on the floor with person in the background

IN PARTNERSHIP

Should I Hire a Lawyer After a Car Accident in Lawrenceville?


by Yari D. Lawson

If you or a loved one have suffered from a crash, here’s why hiring a car accident lawyer in Lawrenceville, GA, is a good idea to ensure you get compensation.

First responders assessing a car accident scene

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

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

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

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

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

Trending Articles

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

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

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

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

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Presenting the 2024 Best Lawyers Employment and Workers’ Compensation Legal Guide


by Best Lawyers

The 2024 Best Lawyers Employment and Workers' Compensation Legal Guide provides exclusive access to all Best Lawyers awards in related practice areas. Read below and explore the legal guide.

Illustration of several men and women in shades of orange and teal

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them