A long no-fault case

Cividanes v City of New York, 2012 NY Slip Op 02179 (1st Dept., 2012)

One of the main features of the No-Fault Insurance Law is that it limits the right to bring a personal injury action for damages arising out of an automobile accident (Insurance Law § 5104[a]). On the one hand, "first-party benefits," also referred to as basic economic loss coverage, are available to a "covered person" regardless of fault (id.)[FN1]. On the other hand, in exchange for receiving such no-fault benefits, a person injured in an automobile accident may bring a plenary action in tort to recover for noneconomic loss but only if he or she has suffered a "serious injury" within the meaning of the No-Fault Law (Oberly v Bangs Ambulance, 96 NY2d 296, 296-297 [2001]).

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