New York car accident laws can be complicated and difficult to understand. If you carry no-fault insurance your case will be separated into two parts. First, you have first-party benefits and this covers where you will have your hospital bills paid, doctor bills paid and money lost due to your normal wages paid. The second half of the no-fault insurance contains the pain and suffering that results from the New York car accident.
The most important thing to remember is to make sure you submit your claim on time with the no-fault insurance company. Make sure that you and whomever was injured in the New York car accident gets proper medical care for any injuries due to the unfortunate car accident. Another law New York has is vicarious liability. Vicarious liability, also known as rebuttable presumption, is when someone else is driving your vehicle due to your consent and permission and he or she gets into a car accident. You are responsible for any damages that have occurred.
No-fault insurance in New York was intended to help people in car accidents but has done just the opposite. The categories of serious injury include:
Death
Loss of a fetus
Disfigurement
Permanent injury
Total disability
Permanent limitation
If your injuries do not fall into the above categories, unfortunately your lawsuit will be dismissed in a court of law.
Many New York car accident deaths can be prevented by wearing a seatbelt. Every person in the vehicle must wear a seatbelt. If caught not wearing a seatbelt at age 16 and older, you can be fined $50.00 each.
Every child under the age of 15 must wear a seatbelt and if a baby is in the vehicle he or she must be restrained with a safety seat or booster seat (depending on age, height and weight). Failure to do so will cause the driver to be fined $25.00 to $100.00. The driver will also lose three points on his or her driver's license.
One does not have to wear a seatbelt in a taxi in New York. Other vehicles that do not require seatbelts include 1964 or older vehicles, passengers in buses (excluding school buses as some districts require seatbelt usage), delivery vehicles, mail carriers that are on duty do not have to have a seatbelt on and emergency vehicles.
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