Under New York law, when a driver or passenger is injured in a no fault insurance accident, the vehicle owner's insurance company pays for their medical bills and lost wages. If the injured in the no fault auto accident person is a pedestrian, the company insuring the car that struck the person will pay. No Fault benefits are available to the pedestrian even if the car was uninsured. Benefits may be obtained through New York Motor Vehicle Accident Indemnification Corp. (MVAIC) or through the injured person's, or family member's, own insurance company. Please note, however, a person or person's spouse who OWNS an UNINSURED motor vehicle is not eligible for No Fault benefits, no matter if they are the driver or a passenger in that uninsured vehicle.
No Fault benefits include:
- Hospital, medical expenses and lost wages up to $50,000.
- Lost wages are equal to 80% up to $2000 per month for a period not exceeding three years.
- You may be entitled to an additional benefit of $25 per day for mileage to and from your doctor's office or household help/lawn care/snow removal, if your doctor deems these services necessary.
No Fault benefits are not available to any person who was driving while intoxicated or under the influence of drugs or if the injury or accident was intentional. Similarly, these benefits are not available if the
auto,
truck,
bus, or
motorcycle accident occurred while someone was committing a felony.
What to do to make a claim for No Fault benefits
In order to obtain No Fault insurance accident benefits, you must give notice to the insurance company within 30 days of the accident. When you speak with your insurance company after the accident, request that they send you the New York State No Fault Application. You will be given a claim number and the name of an insurance company claim representative you or the medical provider to whom you can send the bills. You may also contact this person if you feel you are not receiving the appropriate benefits.
If the insurance company feels medical payments are unnecessary, they can require you to attend a physical examination with a doctor of their choice. If the doctor concludes that your medical treatment is no longer needed, or you are able to work, your benefits will stop. If you disagree with this determination, you can request an arbitration to test these findings. However, all benefits will terminate when a sum of $50,000 has been paid.
If you do not receive your benefits, there is an arbitration procedure, which can force the insurance company to pay them. An arbitrator’s award can also include payment of interest and attorney's fees.
If you have questions concerning your state's auto insurance laws, visit
http://www.autoinsuranceindepth.com/state-minimums.html
If you or a loved one has been injured in a no fault
auto accident or any other no fault insurance accident, call us now at 1-800-621-2020 or
contact us.