No-Fault Insurance Benefits

If you have been injured in an automobile accident, you have the right to be reimbursed for related medical expenses, lost wages and other costs, regardless of the cause of the accident. This system of recovery is called no-fault insurance.

The Comprehensive Automobile Insurance Reparations Act provides that certain benefits must be paid to persons in the automobile, if they are injured in the accident. These benefits include reimbursements to the injured for basic economic loss, which is defined as up to fifty thousand dollars per person, for medical, hospital, and similar expenses; lost earnings up to two thousand dollars per month for not more than three years; and any other reasonable and necessary expenses incurred up to twenty-five dollars per day for not more than one year.

Our New York Car Accident Lawyers usually collect benefits from the insurance company of the owner of the vehicle that the injured person was riding in. However, if the car occupied by the injured person is uninsured, our New York Car Accident Lawyers will fight to collect benefits from the insurance company of the other automobiles involved in the accident, or from the insurance company of the vehicle owner arising out of an insurance policy covering another car in the owner's household, or from the MVAIC (Motor Vehicle Accident Indemnification Corporation), a municipal corporation that acts as a last resort provider for persons injured in car accidents.

In return for no-fault insurance benefits, an injured person can sue for negligence only to recover pain and suffering damages and the remainder of economic damages unpaid by no-fault, if he or she has suffered a "serious injury" or a permanent injury. "Serious injury", though given a statutory definition, is the subject of much litigation as it serves as a verbal threshold, determining what can and cannot be sued for outside of no-fault.

Some examples of injuries that have been classified as serious injuries in the past are broken bones, 90-day plus of total disability, significant disfigurement, dismemberment and death. Other categories of "serious injuries" are subject to interpretation and can include injuries such as herniated discs or torn ligaments and cartilage. Claims of serious injury and permanent injury are carefully scrutinized in court and therefore the treatment and documentation of these injuries require special attention.

Note: You have 30 days from the time of the accident to file a No Fault Notice of Claim, 45 days to submit proof of claim for medical services, and 90 days to submit proof of claim for work loss benefits. If you fail to timely comply, you may not access the no-fault insurance benefits you need.

In order to protect yourself and your family, you should call Spar & Bernstein as soon after the date of the accident as possible. Our New York Car Accident Lawyers can help ensure that you will not miss any of these deadlines and get the most out of the no-fault insurance benefits to which you are entitled.

In addition to your no-fault insurance benefits, our New York Car Accident Lawyers may be able to help you recover damages for your pain and suffering, and additional costs you have incurred due to the accident. The firm's experience in handling personal injury cases can only help you make the right choices and secure for you and your family the money you deserve.

CALL US TOLL FREE at 1-800-LAW-LINK or 1-800-529-5465

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