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A Vehicle-Pedestrian Collision And The New York Insurance Law

As a pedestrian, you are always vulnerable to injury if a vehicle strikes you, and severe, life-changing injuries are not uncommon.

If you are the victim of a crash, your first concern is recovery from your injuries. The next concern is how to pay your medical bills, which is where the no-fault insurance law comes in.

About the No-Fault Law

If you are a pedestrian struck by an insured motorist who remains at the accident site, the vehicle owner’s no-fault insurance covers any bodily injuries you might have. Compensation includes coverage for medical costs as well as up to $2,000 a month for lost wages. Such payments are made no matter who was at fault for the accident. The goal of this system is to remove lower-value claims from the court system and pass the savings in auto insurance costs on to the consumer.

Article 51

If you suffer a serious injury, the court may hear your case under Article 51 of the New York Insurance Law. Serious personal injuries include specific issues, including a fracture; loss or limitation of use of an organ, member or bodily function or a non-permanent injury that prevents you from performing your usual daily activities from 90 to 180 days following the incident that caused your injury.

First-party benefits

In insurance terminology, you as the injured victim are the “third party” while the insured customer is the “first party.” Be aware that under the New York law, you have the same right to coverage as the first-party driver. This is a significant point, and with professional guidance, you can anticipate obtaining the maximum compensation you deserve as the victim of a vehicle-pedestrian crash.

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