No-Fault Objectives Are Far From Being Met

, New York Law Journal


To practice in the New York "no-fault world," you must have the following attributes: patience, determination, perseverance, a sense of humor and thick skin. In this area of the law, common sense is neither necessary nor even recommended. There is a plethora of pressing and practical issues that need to be addressed in order to prevent the no-fault world from imploding.

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What's being said

  • S. Tobey

    Thank you for your comprehensive review of the travesties facing those engaged in prosecuting or defending no fault benefits claims. While i don‘t disagree that legislative and/or regulatory reforms may ease parts of the problem you address, it appears to me that the real cuprit here is this State‘s "unified court system" .

    The understaffing of civil parts throughout the State is the product of widespread underfunding and the penchant of court administrators to dedicate themselves and judicial resources to the advancement of socio-economic and/or political platforms of societal change which they favor. This has led to repeated reductions in the committment of funds and other resources necessary to conduct the business of the courts, namely, the due and timely adjudication of pending cases. Increasing the allotment of budgeted judiciary funds to raise the number of civil parts or to more fully staff those in existence would go far in reducing current delays in determining motions and allow cases to move more swiftly to trial.

    So even if the legislative and regulatory reforms for which you advocate in this essay were adotped, a more swift and/or even adjudication of first party benefits claims would still be largely unavailable due to the broken state of the civil court system you so aptly desribe . Absent resolution of this braod and sytematic problem, justice will continue to be denied to those who knock upon the courthouse door in search of remedies readily available to them under the laws of this State.

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