NO FAULT INSURANCE IN NEW YORK STATE
NEW YORK AUTO NO-FAULT CLAIM BASICS FOR PERSONAL INJURY ATTORNEYS Part 1
BY MARTIN DRUYAN ESQ. Sept. 1, 2020
MARTIN DRUYAN AND ASSOCIATES ATTORNEYS
40 + years of Personal Injury Law, Auto Accidents and
No-Fault Law and Claims
Why learn NY No-Fault Law? Your injury clients are in an auto accident:
Who pays the medical bills: Driver? Passenger? Owner? Pedestrian?
These are the first questions your client will ask:
Here are the answers: Your client will appreciate your knowledgeable answers
The motor vehicle insurance pays the no-fault medical bills of the vehicle:
The driver, the passenger, (Owner/insured)
The pedestrian OR BICYCLIST no-fault coverage is paid by the motor vehicle that struck the pedestrian: or
Pedestrian: if there is no vehicle insurance the pedestrian can claim no-fault insurance benefits from their family motor vehicle policy,
If the vehicle hitting the pedestrian does not have insurance, or is a hit and run vehicle they apply for no-fault insurance from the NY Motor Vehicle Accident Indemnification Corp. MVAIC (A NY State Agency/Company that pays no-fault and other insurance payments in documented cases of no insurance: Note look for regular private insurance, MVAIC is notoriously and proud of their intense paperwork and documentation requirements.
DETERMINE WHERE THE NO-FAULT BENEFITS COME FROM:
If the Pedestrian is “on the job/at work” workers compensation pays the medical bills.
Injured clients need their ambulance, ER emergency room bills, Hospital, therapy, pharmacy bills paid to avoid collection actions against them.
Injured clients need to attend the doctor, medical providers, therapists to treat their injuries.
BODILY INJURY CLAIMS
Treatment of their injuries is an important element of damages in the CLIENTS
BODILY INJURY CLAIMS.
BODILY INJURY CLAIMS FOR MONEY DAMAGES ARE SEPARATE FROM NO-FAULT CLAIMS TO PAY THE MEDICAL BILLS
INJURY ATTORNEYS ARE INTERESTED IN BODILY INJURY/PERSONAL INJURY CLAIMS WHERE CONTINGENT FEES OF 1/3 OF RECOVERY, AFTER EXPENSES, ARE A LUCRATIVE SOURCE OF INCOME FOR INJURY LAWYERS
IN NEW YORK TO SUE FOR BODILY INJURY THE CLIENT MUST HAVE A FRACTURE, SCARRING, SERIOUS INJURY PURSUANT TO NYS INSURANCE LAW THRESHOLD
THIS INCLUDES THE ISSUE OF SOFT TISSUE SERIOUS INJURY OF PLAINTIFFS
THIS IS A SEPARATE SUBJECT WE ARE NOT EXAMINING IN DETAIL HEREIN
IT IS IMPORTANT TO NOTE; IN NEW YORK
AUTO INJURY CLIENT HAS 2 POTENTIAL ACTIONS/CLAIMS
NO-FAULT: MEDICAL BILLS AND OTHER COVERAGE PAID TO QUALIFIED CLAIMANTS REGARDLESS OF FAULT
BODILY INJURY CLAIM FOR A SERIOUS INJURY AS DEFINED IN THE NEW YORK STATE INSURANCE LAW TO THRESHOLD QUALIFIED PLAINTIFFS
THE ESSENTIAL NO-FAULT FACTS
NO-FAULT INSURANCE provides insurance coverage to claimants involved in a motor vehicle accident, without regard to who is at fault; NO-FAULT !
Note: Insurance companies claiming to fight insurance fraud do not pay insurance coverage benefits without the proper paperwork, and more.
It’s our job as injury plaintiff attorneys to file the correct paperwork to have clients receive no-fault benefits.
Again no-fault insurance is separate from bodily injury personal injury claims for money damages subject to the NY State Serious Injury threshold: fractures, scars, serious injuries, including soft tissue injuries.
No-Fault provides reimbursement for various expenses !! NYCRR65-1.1 such as
Durable Medical Equipment DMEs
Other reasonable Expenses as daily care
All with policy limits: see herein
$2,000. Death benefits, in addition to $50,000. Benefits, as applicable
No-Fault benefits are established under 11 NYCRR 65, Regulation 68,
No-Fault benefits are mandatory for all N.Y.State motor vehicle insurance policies as part of NYS minimal insurance requirements, provided by all insurers and self-insurers of motor vehicles.
Attorneys must learn to look at the police report section 4 for vehicle 1 and vehicle 2 for the NYS Insurance Code.
Google the insurance code with the N.Y. State Dept. of Financial Services and contact the insurance company asap, as there is a 30-day requirement that the insurance company receive notice of the accident with details on their NF2 form.
Mail and attaching a copy of the police report helps satisfy the initial reporting of requirement to the insurance company for no-fault benefits.
Completing their form paperwork later with client and doctor signatures will follow.
NF2 Forms filing requirement for no-fault benefits can be found in the blank on the internet, or by writing to the insurance company itself.
Completing the Correct address, name of the client, attorney name and address are all important is important for future notices in the: my quote “adversarial” relationship that exists between the insurance company (we fight fraud, etc., ) and the client claimant (I’m injured, help me pay my doctor bills, etc)
Properly identifying the injury fractured left leg, the location of the accident, the hospital and ambulance medical providers are all important for consistency and payment of no-fault benefits to you client, so you fulfill your obligation as an attorney: and you prepare the no-fault case, medical damages for the
Separate Ultimate Body Injury claim of where you and the client can receive proper justice of substantial money damages pursuant to the insurance policy.
More to follow:
MARTIN DRUYAN ESQ, Call Anytime 917-861 4836
NEW YORK, FLORIDA
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