Recent Court Decision Highlights Need to Reform No-Fault Motor Vehicle Insurance Law to Include â€œSurgeryâ€ Within the Definition of â€œSerious Injuryâ€
In 1975 New York enacted a “no-fault” insurance plan that in theory was designed to keep small cases involving motor vehicle accidents out of court in exchange for relatively immediate payment of expenses for hospital and medical bills and reimbursement of lost earnings without the injured party having to prove that the other party was at fault for the accident. One would think that needing to undergo surgery to repair injuries sustained in an accident would not be considered too small of a case to be allowed to proceed, particularly where the surgeon states that the injuries he observed during the surgery would result in a permanent limitation of motion and other problems. Wrong. In Ramkumar v. Grand Style Transportation Enterprises Inc., 2012 WL 1164882 (April 10, 2012), the Appellate Division, Second Department in Brooklyn dismissed just such a case.