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New York’s No-Fault Law (Ins. L. Article 51) was controversial when it was enacted 36 years ago (L. 1973, ch. 13, in full effect Feb. 1, 1974), and it remains so today. Adopted by the Legislature to correct certain infirmities recognized to exist under the common-law tort system of compensating automobile accident claimants, the Comprehensive Automobile Insurance Reparations Act, as it was officially known, changed the legal landscape by providing a compromise: prompt payment for basic economic loss to injured persons regardless of fault, in exchange for a limitation on litigation to cases involving “serious injury.” See Pommells v. Perez, 4 NY3d 566, 570-571 (2005); Licari v. Elliott, 57 NY2d 230, 234-235 (1982); Montgomery v. Daniels, 38 NY2d 41, 50-51 (1975).

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