Auto Accident Attorneys serving Albany, Saratoga, Glens Falls and Beyond
Representing victims of automobile, motorcycle, trucking and other accidents.
New York State laws protect victims of automobile accidents. It is important to keep in mind, however, that under the “no-fault” rules, not everyone injured in an automobile accident is entitled to bring a lawsuit for their damages. Thus, insurance companies do not offer payment in all cases.
Under the No-Fault law, you must have suffered a “serious injury” to bring a lawsuit in New York State.
Of course, if you are the victim of an automobile accident, your injuries will generally be serious to you. However the New York State Insurance Law has established the following categories of “serious injury” which will allow an injured victim to bring a lawsuit:
1) ” A personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus;”
2) Permanent loss of use of a body organ, member, function or system;
3) Permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system, or
4) A medically determined injury or impairment of a non permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less that ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.”