Wednesday, September 28, 2022

What Is No Fault Insurance In New York

Minimum Car Insurance Coverage Requirements In New York

What are your New York no fault car accident insurance benefits?

In order to drive a motor vehicle in New York, vehicle owners must carry certain minimum amounts of insurance on it:

  • $25,000 liability coverage for bodily injury per person
  • $50,000 total liability bodily injury coverage per accident you cause
  • $10,000 liability coverage for property damage
  • $50,000 in no-fault coverage, and
  • uninsured motorist coverage subject to these same minimums.

Keep in mind that, if you are found responsible for causing a car accident, and the injured drivers’ and/or passengers’ losses exceed the limits of your car insurance policy , you may find yourself personally responsible for making up the difference out of your own assets.

For more details on New York’s motor vehicle insurance rules and requirements, check out the New York Department of Motor Vehicles’ New York Auto Insurance FAQs.

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  • What Should I Do If I Need Help Filing A No

    If you or a loved one have been injured in an accident and you need help filing your claim, contact Rosenblum Law for a free, no-obligation consultation today. Our experienced personal injury attorneys can analyze the situation and negotiate the best possible settlement for you. Call 888-815-3649 or email us today.

    When To File A No

    In New York, you must submit a completed No-Fault Application Form or other proper written notice to the insurance company as soon as possible but no later than 30 days after your accident in order to protect your legal rights to No-Fault coverage.

    Insurance policy deadlines and regulations can be varied and confusing. We can help. Call William Mattar at 444-4444 or complete a free initial consultation form today. Our car accident lawyers can review the insurance policies and help explain complicated forms and paperwork.

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    Notify The Insurance Company

    The first thing you need to do if you are injured in an auto accident is to notify the relevant insurance provider, which typically is the drivers insurance provider. If you are the driver of the vehicle, make sure to inform the insurance company of any injured passengers. Injured pedestrians and bicyclists will need to call the striking vehicles insurance company to receive no-fault benefits. If you are a passenger, pedestrian, or bicyclist and you or anyone in your home owns an insured vehicle, you should also notify that insurance company since you might be eligible for further coverage.

    What Is The Process For Recovering Compensation On A No Fault Insurance Policy

    What Does No Fault Insurance in New York State Mean ...

    Claiming on a no fault policy can be complex. Follow these steps immediately after an accident:

    • : The first thing you should do is call the police. If you are hurt, inform the dispatcher so they can send EMT.
    • Get medical care: Let the responding paramedics examine you and treat you at the scene. Shock and stress can sometimes mask an injury and you might not be immediately aware you are injured. If they want to take you to the hospital, let them do so. If you are not taken to the hospital directly from the scene of the accident, make sure you see your doctor as soon as possible, preferably the same day or within 48 hours. Another option is for you to visit the nearest emergency room or urgent care center. Refusing to go to the hospital, or delaying seeking medical treatment can negatively affect your claim later. Your insurer can claim that since you did not seek medical care immediately, your injuries might not have been from the accident, and deny your claim.
    • : Take photographs and videos of both cars, the surrounding areas and witnesses. You can also keep pictures of your injuries and your recovery process as they will help your claim. Having pictures and videos of witnesses to the accident makes it easier for you to identify and track them when you need to provide an eye witness report. If you find a cooperative witness, ask them to write down all they saw and heard. Get their contact information and ask them to sign and date their statement.

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    If you were hurt in a car accident, no-fault insurance might just give you the help you need. If you live in a handful of states including New York, you might have filed for no-fault benefits and have some questions. What happens next? What kind of treatment is paid for? Where do you go for…

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    What Is Uninsured Motorist Coverage

    In New York, uninsured motorist coverage is there to protect you in case of a car accident when the other car is at fault and has no insurance.

    Your uninsured motorist coverage in New York covers you as well as anyone in your house and anyone in your car in case of an accident with an uninsured driver. It also applies to hit-and-runs where you cant even check insurance information for the other driver.

    Notably, New York only requires uninsured motorist coverage for bodily damage. You can choose to add coverage for your property or auto from an uninsured motorist but expect to pay extra premiums.

    The minimum uninsured motorist coverage also applies if you are injured while in a car you didnt know was uninsured, and it also covers pedestrians, as well.

    If there is no uninsured motorist coverage policy that applies to your accident, there may still be no-fault coverage and/or uninsured motorist protection through an organization called the MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION . This organization was created by the NYS legislature to provide benefits to certain eligible claimants who were involved in a car accident in NEW YORK wth an uninsured driver and no other insurance is available. There are a lot of rules, qualifications and regulations involved in obtaining benefits through MVAIC, as well as strict time deadlines to presenting a claim, and therefore you must contact a Car Accident Lawyer immediately to preserve your rights.

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    Wait A Minute Will Both The New York State Disability Carrier And No

    Yes. You may receive reimbursement for lost wages from both sources. However if you are receiving New York State disability payments, you must tell the No-Fault insurance carrier by providing a copy of the benefit check. The No-Fault insurance carrier will then make the proper deduction before sending your No-Fault lost wage benefit. It is very important that the No-Fault insurance carrier is told about the New York State Disability lost wage payments. Failure to inform the No-Fault carrier of your state disability payments constitutes fraud.

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    What is New York State No Fault Coverage?

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    What If I Have To Use My Sick Time Or Vacation Time

    If your employer requires you to use sick time or vacation time while you are recovering from your car accident, you will not be covered through No-Fault insurance. However, you may be reimbursed for the accrued sick or vacation time you had to use. A form will be sent to your employer. Your employer will then submit a wage verification form to show that you were required to use your accrued time, and then no-fault will send these benefits once they are viewed.

    New York State disability will cover your lost wages for up to 26 weeks. If your disability continues beyond the first 26 weeks, No-Fault requires that you apply for Social Security Disability.

    Lost wages through no-fault insurance claims may be paid up to three years after the date of the car accident. However, this does not mean you will be entitled to lost wages for that entire period. You must continue to provide a disability form to prove you cannot work because of the injuries you suffered from your car accident. Also, if No-Fault coverage is denied, you may also lose your right to receive lost wages. If this happens, its often a good idea to consult with a qualified attorney. In most cases, you can speak to a lawyer for an initial free consultation.

    Where To Report A No

    Knowing which insurance carrier you need to contact to file your report in order to receive compensation is often half the battle. Below are a list of some of the most common providers:

    Make sure to have your insurance policy handy to make your claim.

    A qualified attorney can often recover damages that you have coming after an injury. They can help you to navigate New Yorks No-Fault law to make sure that your income is protected before youre able to return to work.

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    How Much Of My Non

    As a general rule, No-Fault pays a maximum of $25 per day for all non-medical expenses. However, you should check your policy for additional coverage. Non-medical expenses include, but are not limited to, cost of transportation to and from medical appointments, household help and childcare. The No-Fault carrier is required to make these payments for one year. You must send documentation of all non-medical expenses to the No-Fault carrier in order to be compensated. It is important to make sure that your No-Fault claim number is clearly visible on all mailings. You should keep for your own records, copies of all paperwork sent to the No-Fault insurance carrier.

    What Is An Independent Medical Examination

    What is " no

    When you are receiving medical benefits through No-Fault insurance you will be required to attend periodic medical examinations with a medical provider designated by the insurance carrier.

    The insurance company hires a doctor to perform the exam to determine the severity of the injury, whether further medical treatment is required, whether you are able to return to work, etc. The examination is short , and the doctor will ask you to move your body in order to measure your range of motion. If the doctor determines that your range of motion is within a normal range he could conclude that you no longer need medical treatment.

    While this may sound fair and reasonable, it can be anything but. These doctors are paid by the insurance companies, and they are paid well. In order to keep receiving these lucrative referrals from insurance companies, these doctors are incentivized to make the insurance companies happy. Insurance companies are happy when they minimize or deny a claim, and IMEs are their means to do so if their doctor decides you no longer require medical treatment, insurance companies are able to deny coverage of medical expenses.

    It is very important to attend the IME. If you fail to appear for the IME, and fail to reschedule it, the insurance company has the right to terminate your benefits and you may become financially responsible for your outstanding medical bills.

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    Are There Situations Where No

    There are situations under most policies that would disqualify a person from being able to recover lost income or doctor expenses through No-Fault benefits. For instance, No-Fault would not cover lost wages from an accident if a person were:

    • driving while intoxicated or under the influence of drugs
    • intentionally causing his or her own injuries
    • injured during the commission of a felony
    • riding an all-terrain vehicle or motorcycle as the driver or passenger
    • injured while in a vehicle that is known to be stolen
    • an owner of an uninsured vehicle

    What Do I Do First

    To begin the No-Fault process, you must report your claim and file a No-Fault application with the No-Fault insurance carrier. The No-Fault insurance carrier is the insurance company which covers the motor vehicle in which you were an occupant or, if you were a pedestrian, the car that struck you. The law requires that written notice setting forth details sufficient to identify you and the time, place and circumstances of the accident must be given to the No-Fault insurance carrier as soon as reasonably practicable, but in no event more than 30 days after the date of the accident. Failure to file the application in a timely manner may result in a denial of benefits. The Application for No-Fault benefits should be provided by the No-Fault insurance carrier the insurance company that insured the car you were in or struck by at the time of the accident. Usually, the No-Fault insurance carrier will mail you the application and other no-fault forms directly. Martin, Harding & Mazzotti, LLP® can provide the application form and assist you with filing the application.

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    Who Is Not Covered Under New Yorks No

    New York States No-Fault auto laws were implemented in order to ensure that insurance companies would have to pay for medical bills, cover lost wages, and pay for damages incurred in accidents caused by motor vehicles without having to wait for litigation and without determining who was at fault. The exceptions to this rule are listed below. However, some insurance policies may choose to privately still offer no-fault coverage under certain of these circumstances we have chosen only to review those exclusions set out by the New York State Insurance Law Regulation 68.

    1) Motorcyclists and motor-scooter riders

    Drivers of motorcycles and motor-scooters, like Vespas, explicitly are not covered under New Yorks No-Fault Law as they are inherently dangerous. It is argued that, by owning and operating a motorcycle, that you have accepted these risks. While you will still be able to make personal injury claims, some amount of litigation will be required unlike if you were driving a car.

    2) Injuries sustained during the repair of the vehicle

    If an injury was sustained during the repair or maintenance of a motor vehicle on the property of a licensed business by an employee of the business, then they are not covered under the no-fault law. Since this is considered a work-related injury it does not fall under the scope of the No-Fault Law

    3) Drivers operating their vehicles under the influence

    4) Injuries sustained while breaking the law

    5) Drivers operating uninsured vehicles

    New York No Fault Law

    No-Fault Insurance Fraud Spikes in New York

    Understanding New York States No-Fault Laws in their entirety can be tricky. If youve been involved in an accident, we can help protect your rights and make sure that you receive all the compensation to which you are entitled. If you have been injured in a vehicle-related accident and have any questions about how the No-Fault Laws of New York State apply to your situation, we encourage you to contact us at Kaplan Lawyers PC.

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    Understanding New York States No Fault Laws

    In an attempt to expedite compensation claims, New York State implemented a no-fault law years ago, to more quickly provide financial benefits to any victim of a car crash, regardless of who was responsible. It applies to all victims who are drivers and passengers in any involved vehicle. Section § 5102 of the New York State Insurance Law governs only economic damage compensation to vehicle-related accident victims. Even though no-fault insurance can help you receive compensation faster, it also means that you might not be able to maximize your potential benefits without hiring an attorney. At Kaplan Lawyers PC, we can help evaluate your claim and use our decades of experience to advocate on your behalf. The true role of this law was to put the compensation process in the hands of the insurance companies, thereby making it more difficult for victims who may have had a right to individually sue.

    This makes it critical for you to maximize your compensation rights by hiring a legal team that is well versed in No Fault Law to ensure that you receive full and fair compensation for the losses youve sustained.

    • $25,000/$50,000 for bodily injury per person
    • $50,000/$100,000 for death
    • $10,000 for property damage per accident
    • The accident occurred in New York.
    • The car in question was insured in New York State, by an insurance company licensed in New York.
    • The vehicle in question was not a motorcycle, scooter or bicycle.

    Contact Us Atdouglas And London Today

    Ifyou require legal representation to recover the full amount of damages that youare entitled to receive, contact us today

    As noted earlier, our New York City personal injury lawyers have extensive experience in representing car accident victims and we know how to pursue maximum reimbursement from insurance companies. Please see our website or contact our offices directly as soon as possible for a free consultation.

    Resources:

  • www.iii.org: Background on No-Fault Auto Insurance, https://www.iii.org/article/background-on-no-fault-auto-insurance
  • www.ny.gov: Minimum Auto Insurance Requirements Coverage, https://www.dfs.ny.gov/consumers/auto_insurance/minimum_auto_insurance_requirements
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