Legal Opinion · Dissent

Ramkumar v. Grand Style Transportation Enterprises Inc.

New York Court of Appeals

Decided October 15, 2013Published

1DissentSmith, J.

“[T]he legislative intent underlying the No-Fault Law was to weed out frivolous claims and limit recovery to significant injuries” (Dufel v Green, 84 NY2d 795, 798 [1995]). Since the statute was enacted, false claims of “serious injury” have done much to undermine the legislative goal. A number of courts, including ours, have pointed out that the no-fault system is riddled with abuse (see Matter of Medical Socy. of State of N.Y. v Serio, 100 NY2d 854, 861 [2003] [“Between 1992 and 2001, reports of suspected automobile insurance fraud increased by 275%, the bulk of the increase occurring in…

2Cases cited9 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Pommells v. PerezNew York Court of Appeals · 2005
  3. Perl v. MeherNew York Court of Appeals · 2011
  4. Medical Society v. SerioNew York Court of Appeals · 2003
  5. Dufel v. GreenNew York Court of Appeals · 1995

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