The New York legislature enacted no-fault insurance claims as a solution to prolonged litigation over fault and damage amounts in car accident cases. Under no-fault insurance, insurance companies are required to pay car accident victims up to $50,000 for basic economic losses including medical records and a portion of lost wages.for their losses. The victim would receive payment regardless of who was at fault for the accident.
Medical expenses, lost wages, and other expenses are all damages the insurance policy could cover under no-fault. Insurance companies do not automatically offer no-fault insurance coverage to motorcyclists, although this coverage can be purchased. Our Long Island no-fault insurance claims lawyer can explain further.
The state also requires a minimum value of $25,000 liability coverage for all New York car insurance policies. Insurance companies do not offer no-fault insurance coverage to motorcyclists. Our Long Island no-fault insurance claims lawyer can explain further.
For a free legal consultation with a no fault insurance claims lawyer serving Long Island, call 516-451-7900
How No-Fault Insurance Works in Long Island Car Accident Cases
If you are involved in a motor vehicle collision on Long Island, generally your insurance company (not the other driver’s insurance company) pays for basic economic loss damages. The exception is if you are a pedestrian or cyclist, then you receive no-fault coverage from the vehicle that struck you. No-fault insurance benefits include:
- Medical bills – hospital, doctor, therapy, rehabilitation, and other healthcare expenses incurred because of the accident may warrant compensation.
- Lost wages – Insurance companies compensate a maximum of $2,000 a month in lost wages, for up to three years. Lost wage compensation cannot be greater than 80% of lost income.
- Other reimbursable expenses – You may recover household assistance and transportation services to receive medical care, etc., not to exceed $25 per day for more than one year.
- Death benefits – When death is caused by a motor vehicle accident and the deceased qualifies for no-fault insurance benefits, beyond the $50,000 maximum, generally $2,000 may be paid to the surviving family through the estate.
Long Island No Fault Insurance Claims Lawyer Near Me 516-451-7900
Car Accident Claim Filing Deadlines Could Affect Your Case
In 2002, the New York legislature passed stricter filing deadlines to lessen no-fault insurance claims fraud. The following deadlines apply:
- You have 30 days from the date of your car accident injury to file a no-fault insurance application form with your insurance carrier. Pedestrians would file with the insurance carrier of the car that hit them and the insurance carrier that covers their own car.
- You have 90 days from the date of your car accident injury to file claims for lost wages. Your employer must send evidence of income and lost wages resulting from your disability.
- Medical providers have 45 days from the date of service to file doctor, therapy, and other medical service bills. When receiving medical treatment, you should provide your no-fault insurance information, not your healthcare insurance information.
You Can get Legal Help with Your Insurance Claim and Legal Battle
No-fault insurance laws are complex. Our personal injury lawyers serving Long Island have decades of experience managing no-fault insurance recoveries for car accident cases.
Your lawyer can help you file within the designated time limits. We provide invaluable assistance by:
- Ensuring all paperwork is correctly filled out
- Explaining necessary receipts and important documentation to save
- Counseling you on how to speak to the insurance companies
Your insurance company may try to send you to their doctors and specialists. This is usually an attempt to prove your injury is not serious and further treatments would not benefit you.
What is the No-Fault Threshold and how will it Affect My Case?
Based on the seriousness of your injury in a car crash, you may be entitled to benefits beyond those provided by the no-fault $50,000 limit. These could include damages for pain and suffering under New York no-fault threshold laws. ISC § 5102(d) defines the serious injury threshold as:
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- A significant limitation of use of a body function or system
- A medically determined injury or impairment that affects the victim’s ability to function for 90 days
Even with no-fault insurance, car collision cases may go to trial. Litigation addresses several factors. These include wrongfully denied insurance claims, the establishment of disputed serious injury, and further compensation. A victim could recover further compensation after receiving a settlement if the award doesn’t cover their losses fairly.
Our firm will tell you what you need to know about your accident and injury. Our car accident attorney can help you obtain the compensation you deserve. They will take over your case so you can concentrate on regaining your health.
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The Kinds of Accidents That You Could Have Suffered
We have seen many kinds of vehicle collision cases in our practice. Yours might have involved:
- A drunk driver that sideswiped you on the highway
- An intersection’s traffic light was not programmed correctly and caused a collision
- A truck driver rear-ended you because they were not paying attention to the flow of traffic
How Long Until I get Compensation From My No-Fault Insurance Claim?
Every car crash happens because of different factors and causes different results. So, you might be able to recover your claim within a few weeks or months. However, you might face bigger losses that extend for longer. You might have suffered a traumatic brain injury or broken a bone. All your medical losses are compensable.
Your legal team can inform you of how long your case will take.
Our Lawyers Offer Their Services on a Contingency-Fee Basis, so You Have Nothing to Lose
We take cases on a contingency basis, meaning there is no up front, out-of-pocket expense, and there will only be a fee if we recover on your behalf. If you are unable to travel, we will come to you. Weekend and evening appointments are available as needed.
Many people are nervous about hiring lawyers because they think they need to pay a lawyer up front. Because we work on a contingency basis, you can get the representation you need and not have the worry of how to pay.be rich to secure representation. You don’t need to uphold this expectation with us. We work with your lifestyle in mind.
Take Advantage of a Free Consultation with Our No-Fault Insurance Claim Team
Call our Long Island law office at (631) 451-7900 today for a free consultation. We can discuss how your no-fault insurance claims lawyer can help you.
Located in Suffolk County, our Long Island personal injury lawyers can meet with you at a convenient location to discuss your personal injury claim. Our firm can help you decide the best way to proceed. Initial consultations are always free, so please contact us today. We are also able to assist clients in Spanish if needed.