The state of New York is considered a “no-fault” state for insurance purposes. This means that, unless a driver or passenger who is hurt in a Syracuse car accident falls under a limited number of exceptions set forth under state law, he or she cannot recover money damages from the negligent driver who caused the crash.
However, it is important to note that “no-fault” does not completely foreclose the possibility of litigation following an accident. It simply means that the plaintiff must qualify under the relevant statutory framework in order to pursue a claim in court against the responsible driver.
As might be expected, disputes frequently arise regarding whether or not a given case should be litigated or should fall under “no-fault” rules. The trial court is typically called upon to make the initial determination on this issue, but the appeals court may eventually be asked to weigh in, as well.