Although New York is a “no fault” state for the purposes of automobile accident liability, this does not mean that a negligent driver can never be held accountable for the injuries of a person hurt in a crash. To the contrary, if someone sustains serious injuries in a New York car accident, he or she may be able to seek compensation from the negligent driver for damages such as lost wages, medical expenses, and pain and suffering.
Even if the no-fault threshold is not met, the injured person may have other options, including a claim against his or her own insurance company or, possibly, a claim against his or her employer’s disability insurance company.
Facts of the Case
In a recent appellate court case, the plaintiff was a woman who brought suit against the defendant insurance company in the Supreme Court of Greene County, New York, seeking no-fault lost wage benefits. The plaintiff had been involved in a 2013 car accident that left her unable to work for an unspecified amount of time. She took a leave of absence from her employment and received short-term disability benefits from her employer’s insurer. However, the plaintiff was later terminated from her employment due to her alleged failure to comply with her employer’s leave of absence guidelines.