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

How to Deal with the Aftermath of a Car Accident


by Mark Roman

A crash can have physical, psychological and financial consequences. Here are five steps to take to effectively deal with the aftermath of a car accident.

Woman on phone surveys damage to vehicle

IN PARTNERSHIP

What Is Contributory Negligence and How Does It Affect My Alabama Injury Case?


by Keith Belt

Injured in a car accident in Alabama? Based on the theory of contributory negligence, your role in the accident can affect your ability to collect post-trial.

Worker on construction site steps on nail

IN PARTNERSHIP

How to Make Sure You Get the Maximum Compensation for a Personal Injury Claim


by John P. Ford

This article discusses the numerous factors that affect a personal injury settlement and tips for how to maximize compensation in a personal injury claim.

Stethoscope sitting on top of money and medical form

One of NY’s Top Personal Injury Lawyers on 2 Surprising Trends Transforming the Industry


by Gregory Sirico

Lawyer Jeff Korek talks emerging personal injury law trends in IVF litigation and trial scarcity.

Doctor consoles couple in medical office

IN PARTNERSHIP

More Experience, More Results


by John Fields

New York-based powerhouse Morelli Law Firm has secured more than $1 billion in verdicts and settlements for injured clients. Read more about the firm below.

Three lawyers in suits pose for picture with cityscape in background

Scarlett Law Group: Mastering TBI Trial Law


by Justin Smulison

Randall H. Scarlett shares successes in traumatic brain injury cases, fueling Scarlett Law Group's growth across Northern California with specialized insights.

Two lawyers, suited, standing in front of law firm sign

One of the Greatest Ever...


by Justin Smulison

Steve Yerrid, a top catastrophic injury lawyer, has secured over 300 verdicts of $1M+ and has been recognized as "Lawyer of the Year" multiple times in Tampa.

Lawyer in blue suit poses in office for headshot

How a New Maryland Bike Safety Law Honors a Client’s Legacy


by Justin Smulison

Four-time Lawyer Of The Year Patrick Regan discusses how a client’s bicycling tragedy led to a result that improved Maryland traffic law to protect riders.

Group of lawyers posing for a photo

IN PARTNERSHIP

Factors That Affect the Value of Personal Injury Settlement in Louisiana


by John W. Redmann

Permanent injuries resulting from an accident can cause lasting physical or economic damage. Louisiana lawyer John W. Redmann dives into the settlement process.

Lawyer out of view holds pen over contract

IN PARTNERSHIP

California Car Accident: How To File a Personal Injury Claim


by Robert T. Simon

Several steps are involved in filing a personal injury claim after a car accident in California. Read this article to learn about your legal rights and options.

Two lawyers meet to go over legal case

IN PARTNERSHIP

Proving Negligence in a South Carolina Personal Injury Case


by Wyche and 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 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 and 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

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights.

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

How Client Testimonials Fuel Client Acquisition for Law Firms


by Nancy Lippincott

Learn how client testimonials boost client acquisition for law firms. Enhance credibility, engage clients and stand out in a competitive legal market.

Woman holding blurb of online reviews

Critical Period


by Armelle Royer and Maryne Gouhier

How the green-energy raw materials chase is rewriting geopolitics

Overhead shot of mineral extraction plant

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf