Although New York is a “no fault” insurance state, those who suffer serious personal injuries in a Syracuse car accident caused by someone else’s negligence may be able to recover money damages from the person whose breach of duty caused the crash. Generally speaking, there is an exception to the usual provisions of no fault when an accident caused by another’s negligence causes death, dismemberment, disfigurement, permanent loss of use or impairment of a body part, or a non-permanent injury that keeps the injured person from his or her usual activities for at least 90 of the 180 days immediately following the collision.
Of course, automobile accident liability insurance companies fight hard against a finding that would take a particular case outside the scope of the no fault statute, and it is up to the court system to determine each case on its own merits.
Facts of the Case
In a recent case appealed from the Supreme Court of Nassau County, the plaintiffs were involved in an automobile accident that they alleged was caused by the defendant driver’s negligence. They filed suit, seeking to recover money damages for their personal injuries. The defendant sought summary judgment, arguing that the plaintiffs’ complaint should be dismissed because neither of them had sustained a “serious injury,” as that term was defined in New York Insurance Law § 5102(d).