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Injured In A Car Crash? New York’s No-Fault Insurance “Serious Injury” Threshold...What You Need To Know!

Two cars in an accident

The “Real” Reason For The Law

Car crash injuries fall under New York’s “No-Fault” law. Caving into pressure from the powerful insurance lobby, in February 1974, the New York Legislature enacted New York’s Comprehensive Motor Vehicle Insurance Reparations Act, more commonly known as the New York No-Fault law. Insurance companies claim the law allows for prompt payment of medical bills and lost wages. If that were the case, we would not see the regular and routine denial of such claims by the insurance companies in auto crash cases. The real reason for this law was to limit an injured party’s right to compensation from the negligent and careless operator and owner of the motor vehicle that caused the car crash, thereby protecting powerful insurance companies from lawsuits and damage claims.

“Serious Injury” Defined

Under NY’s No-Fault law, unless you can prove your injuries are “serious,” as that term is defined in the law, you are out of luck. You will not be allowed to bring a claim for your injuries, pain, suffering, or other resulting damages. “Serious injury” is defined as any injury that results in:

  • death;
  • dismemberment;
  • significant disfigurement;
  • a fracture;
  • loss of a fetus;
  • permanent loss of use of a body organ, member, function or system;
  • permanent consequential limitation of use of a body organ or member;
  • significant limitation of use of a body function or system; or
  • 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 than ninety days during the one hundred
    eighty days immediately following the occurrence of the injury or

If this sounds confusing, it often is. You can expect the insurance companies will put all their resources behind a fight to limit your right to compensation. Doctors hired and paid by the powerful insurance companies regularly and often claim a car crash victim’s injuries do not meet the serious injury definition or “threshold” and therefore, the claim must be denied and dismissed.

An Experienced Car Crash Attorney Is Critical

In a car crash case, it is critical to have an experienced personal injury attorney that knows how to present your medical proof to establish your right to compensation. This often requires your attorney to work with your doctors and treating health care professionals to obtain relevant medical records, reports, and written opinions from the doctors and professionals that know your medical condition best. Whose opinion is more credible, the doctor’s, who has treated you for years, or the insurance company’s “hired gun,” who conducted a 10 minute “examination?” The Rossi Law Firm has been representing injured car crash victims for over four decades. We know how to prepare and present your case to the court and jury, to protect and insure your right to compensation if you are seriously injured in a car crash.

Free Case Review and No Fee Unless You Win

If you are seriously injured due to a car, truck, or motorcycle crash, slip/trip and fall, dog bite, defective product, or some other cause resulting from the carelessness of someone else, we will review your case at no cost to you. We will never charge a legal fee unless we obtain a verdict or settlement on your behalf.

Preeminently Qualified. Nationally Recognized. Respected and Trusted.

When you hire The Rossi Law Firm, Michael Anthony Rossi will personally handle your case. Michael is nationally recognized and has consistently received the highest possible rating for both legal ability and ethical standards. With over four decades of experience handling serious injury cases, our Buffalo injury legal team understands the emotional and financial challenges individuals face when injured by the carelessness of someone else. We will be there for you when you need the guidance and direction to get you through the difficult times. If you are seriously injured, call Michael Anthony Rossi at The Rossi Law Firm at 716-854-5555. “It may be the most important call you will ever make!” – Michael Anthony Rossi