Within 30 days of the accident, a formal claim must be filed with the insurance in accordance with New York No-Fault laws. The insurance provider for the concerned car is where the claim is made. Rarely, and only where a claimant can demonstrate in writing that there is a “clear and reasonable justification for the failure to comply with the time limits,” is this period of time extended.
The written statement must contain as much information as possible, including the accident’s date and time. The accident’s circumstances should be described in as much detail as possible, including detailed information on each victim of the event.
The vehicle’s repair is not covered by no-fault insurance. Only personal losses incurred by people who are insured as a result of their injuries are covered.
Exclusions From Receiving No-Fault Benefits In New York
As there is with almost every law, there are exceptions to established rules. Coverage under a no-fault policy is no different. Those who are not covered according to New York’s no-fault statute include:
- Motorcycle riders.
- Motorcycle passengers.
- Owners driving their own uninsured vehicle.
- Owner’s driving or occupying their spouse’s uninsured vehicle.
- Those who are not residents of New York.
- Those who may be excluded under your own policy. The law allows private insurers to make their own exclusions, so it is very important for policyholders to review their policy, so they understand under what circumstances they may not be covered by their no-fault policy.
- Those who are covered, but intentionally cause their own injury.
- When the driver was intoxicated as defined by law or under the use of a controlled substance.
- If, at the time the person who was injured was in the act of committing a felony, such as trying to escape from the police.
- Driving or occupying a vehicle the policy owner or passenger knows to be stolen.
- Racing or conducting a speed test.
Who Can Receive No-Fault Benefits In New York?
The coverage is intended to cover the following people:
- The owner is named as the insured on the policy covering the vehicle.
- All passengers of the vehicle involved in the accident.
- Any member of the named insured’s household if one is injured as a pedestrian.
- If a designated household member is hurt in an accident when the at-fault driver of the vehicle they were in is driving without insurance, there may be coverage for that member to collect benefits.
Benefits of New York’s No-fault Law
No-fault benefits include payments for economic losses. This includes necessary expenses, which are defined as medically-related expenses, other expenses, lost wages, and burial expenses.
- Medical Expenses
- Ambulance cost.
- Necessary x-rays, surgical interventions, and nursing care.
- Dental costs.
- Prescription drugs.
- Prosthetic devices.
- Psychiatric treatment.
- Physical and occupational therapy.
- Any necessary rehabilitation.
- Any non-medical remedial care and treatment that may be chosen for religious reasons instead of medical treatment.
Any professional health services are needed within one year of the accident if the services are required because of injuries incurred in the accident. This time may be extended in certain circumstances.
How Do I File A No-Fault Insurance Claim In NY?
In New York, a no-fault insurance claim is made through your own insurance company, regardless of who was at fault for the accident. Here is a general outline of the process for filing a no-fault claim:
- Contact your insurance company as soon as possible after the accident to report the claim. You will need to provide them with information about the accident, including the date, time, and location, as well as the names and contact information of any other drivers or passengers involved.
- Your insurance company will then provide you with a no-fault application, which you will need to complete and return. This application will ask for information about your injuries and any medical treatment you have received or expect to receive.
- You will also need to provide your insurance company with proof of your lost wages and other expenses related to the accident, such as medical bills or rental car costs.
- Once your insurance company receives all the necessary information, they will review your claim and determine the number of your benefits. This process usually takes about 30 days, but can take longer depending on the complexity of the claim.
- Once your claim is approved, your insurance company will pay your benefits directly to you and any healthcare providers who have treated you.
It is important to note that the process and requirements may be subject to changes based on the laws in the state of NY, please consult with the proper authorities and/or a lawyer before proceeding.
