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Under New York law, when a driver or passenger is injured, the vehicle owner's insurance company pays for their medical bills and lost wages. If the injured person is a pedestrian, the company insuring the car that struck the person will pay. No-Fault benefits are available 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 own or family member's 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:
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Hospital, medical expenses and lost wages up to $50,000.
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Lost wages are equal to 80% up to $2000 per month for a period not exceeding three years.
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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 she intentionally caused her own injury. Similarly, these benefits are not available if the accident occurred while someone was committing a felony.
Making a claim for No-Fault benefits
In order to obtain No-Fault 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 can send the bills to. 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 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, everyone's benefits will terminate when $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 benn injured in an auto accident, call us now at 1-800-483-2050 or contact us by clicking on New York Auto Accident Attorney.
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Cellino & Barnes represents or has represented auto injury victims throughout New York State, including Albany, Albion, Amherst, Binghamton, Buffalo, Corning, Cortland, Dunkirk, Elmira, Geneva, Hornell, Ithaca, Jamestown, Lockport, Long Island, Medina, New York City, Niagara Falls, Olean, Poughkeepsie, Rochester, Schenectady, Syracuse, Troy, Utica, Watertown, Wellsville and more.
Cellino & Barnes serves clients throughout Nassau County and Suffolk County, including, but not limited to: Amityville, Babylon, Bayshore, Brentwood, Centereach, Central Islip, Commack, Copiague, Deer Park, Freeport, Hauppauge, Hicksville, Huntington, Islip, Levittown, Lindenhurst, Long Island, Massapequa, Melville, Merrick, Norwich, Patchogue, Smithtown, Syosset and Wantagh. |
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