New York is a “no-fault” insurance state; this means that you will generally be reimbursed by your insurance company for damages regardless of who was at fault in the accident. These auto insurance policies will reimburse you for medical costs and other losses that might surface after the accident occurs. If you are in an auto accident, there is a process you need to follow to file a claim, which we will outline below.
If you are in an accident, you will need to provide your insurance company with a written notice that includes the following information regarding the accident:
- Identify the eligible injured person
- Provide the time the accident occurred
- Provide details regarding the place the accident occurred
- Detail the exact circumstances of the accident
Notice is to be provided to the insurance company as soon as reasonably possible but no later than 30 days after the accident date unless a clear and reasonable justification for the failure to comply with such time limitation can be provided.
No-fault insurance claims should be filed with the insurance company that provides insurance coverage for the car in which you were the driver or passenger. If you were a pedestrian or bicyclist struck by a vehicle, the claim is filed with the insurance company covering the car that hit you. If you do not know the vehicle that hit you or if the vehicle that hit you was uninsured, a claim should be filed with the insurer of a household family relative who had an active auto policy at the time of the accident. If you do not have anyone in the household with auto insurance, you can file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).
To file a claim, you must breach the no-fault threshold, which defines whether you have incurred a serious injury under the law. There are categories of injuries defined by the state in accordance with Section 5102(d) of the New York Insurance Law. Some categories are straightforward, such as death and fracture. At the same time, others can be more complicated, with more wiggle room in the definitions. Since proving you meet the no-fault threshold can be difficult, you may want to consider obtaining legal representation for your case. You may also want to select Board-Certified No-Fault Doctors experienced in providing medical treatment to those who have sustained trauma and injuries resulting from motor vehicle accidents.
The benefits available to you under a no-fault policy include reimbursement or payment of medical bills, prescription drugs, lost wages, housekeeping, and/or transportation to and from medical providers resulting from the accident. Under New York State law, you only have 30 days from the accident date to file for these benefits.
At Park Avenue Trauma, we understand how difficult it is to deal with pain due to a No-Fault motor vehicle accident. Don’t wait a moment longer; call us now to get professional assistance so you can start feeling better soon.