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Apr. 2, 2007
Can I be compensated for non-permanent injuries in an accident in which I was not at fault?
Margaret, New York
Dear Margaret,
New York is a "no-fault" state, which means that your own auto insurance pays for any medical bills that you or any of your passengers incur from an auto accident, regardless of who is at fault. In New York, you are required to buy Personal Injury Protection (PIP) when you buy auto insurance, which is your medical payments coverage.
In addition to being a no-fault state, New York has a "verbal threshold" for pain-and-suffering lawsuits. That means you cannot sue another party for damages unless there is a death or serious injury resulting from the accident, such as dismemberment, loss of bodily function, serious disfigurement, permanent injury or disability, or serious fracture.
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