Question: What benefits are I entitled to receive if I am involved in a motor vehicle accident?
Answer: If you have been injured in an automobile accident in New York State, you are entitled to receive no-fault insurance benefits. The objective of New York’s no-fault insurance law was to insure prompt and full reimbursement for your economic losses if you were injured in an automobile accident.
However, in order to receive no fault benefits you must complete and file an application with your insurance company. There are time limits on when you have to file, so it is important to immediately contact an attorney to protect your rights.
Under New York State law, a person injured in a motor vehicle accident is entitled to receive no-fault benefits to reimburse them for (1) reasonable and necessary medical expenses, including, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug, prosthetic services, psychiatric, physical and occupational therapy and rehabilitation and any other professional health services; (2) lost wages up to 80% of gross earnings from work and expenses incurred if you have to obtain services in lieu of those that you would have performed for income up to $2,000 per month for not more than three years from the date of the accident causing the injury; and (3) any other reasonable and necessary expenses (i.e. house keeping services, child care services, etc. ) incurred up to $25.00 per day for not more than one year from the date of the accident causing the injury.
You should check your auto policy to see if there are any “additional” no- fault benefits that may be available in your case.
Question: Am I eligible for No-Fault Benefits if I am receiving disability benefits, worker’s compensation benefits or Medicare benefits?
Answer: Yes, you may still be entitled to no-fault benefits, however, if you are entitled to recover, due to your injury, under state or federal laws providing for social security disability benefits or workers' compensation benefits or in some instances Medicare benefits then the amount of your no-fault benefits may be modified or decreased in accordance with the provisions of New York’s no-fault insurance law. Always inform your no-fault carrier if you are receiving any other form of disability payments since failure to do so will subject you to repayment of benefits that you wrongfully received and will be construed as fraud.
Question: Can I bring a claim against the driver who was at fault for my injuries?
Answer: In New York State, the no-fault insurance law precludes an injured person’s right to sue in tort and recover for non-economic losses (i.e. pain and suffering) and/or other losses sustained in an automobile accident unless you have sustained a “Serious Injury”. If you have sustained a “Serious Injury” as defined by New York’s No-Fault insurance law, then you have satisfied the no-fault threshold and can recover for your damages that were proximately caused by the accident from the driver at fault for your injuries.
Question: What is meant by the term “Serious Injury?”
Answer: "Serious injury" means a personal injury which results in any of the following: (1) death; (2) dismemberment; (3) a significant disfigurement; (4) a fracture; (5) loss of a fetus; (6) a permanent loss of use of a body organ, member, function or system; (7) a permanent consequential limitation of use of a body organ or member; (8) a significant limitation of use of a body function or system; or (9) a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
In order to prove that you have sustained a “Serious Injury” you must seek prompt medical treatment for your injuries. There must be objective medical documentation to support your claim for a “Serious Injury”.
Question: Is a motorcyclist injured by a motor vehicle entitled to receive any benefits in New York State?
Answer: A motorcyclist is considered a non-covered person under New York’s no-fault insurance law, and, as such, is deprived of the right to recover no-fault benefits. However, he is nonetheless entitled to pursue common-law remedies and sue against the owner and operator of the motor vehicle involved in an accident.
Furthermore, a motorcyclist is not required to comply with the "Serious Injury" provisions of New York’s no-fault insurance law. Therefore, the injured operator of a motorcycle could bring an action for non-economic loss (i.e. pain and suffering) and/or other losses against the owner/operator of the motor vehicle without having to show a “Serious Injury”.
Question: Is it okay for me to speak with an insurance company about my accident or injuries?
Answer: It is necessary for you to report any motor vehicle accident to your own insurance company as soon as practicable and to fully cooperate with them in order to be eligible for your no-fault benefits. However, it is recommended that if asked to give a recorded statement you do so in the presence of your attorney. Likewise, it is recommended that you do not complete or sign any documents in connection with your accident without first consulting with your attorney. Many of these documents have time limits as to when they must be returned, such as your no-fault application. Therefore, it is recommended that after an accident you immediately consult with an attorney so he or she may advise you as to your rights and to all benefits you may be entitled to receive.
It is recommended that you NOT speak with the OTHER insurance company or sign any documents for them without consulting with an attorney. Therefore, if asked to give a recorded statement or sign documents you should decline.
The other insurance company does not represent you nor should you be persuaded that they are watching out for your best interests. The other insurance company’s role is to protect and watch out for the best interests of their insured only.
Question: How long do I have to bring a claim for personal injuries as a result of a motor vehicle accident?
Answer: In New York State, as in most states, there are certain periods of time in which you have to commence a lawsuit. This is commonly known as the “Statute of Limitations.” If you do not commence an action within the applicable Statute of Limitations, you may be forever barred from bringing an action and recovering for your injuries.
The Statute of Limitations may vary depending on what type of personal injury you have sustained. In some cases, where the cause of action may be against a municipality you may not commence a lawsuit without first filing notice of your claim or your intention to bring a claim. In such cases, the Statute of Limitations is as short as 90 days to file and serve your Notice of Claim or Notice of Intention to File a Claim.
Therefore, it is imperative that you consult with an attorney as soon as practicable after your accident, so he or she may advise you as to any statute of limitations that may apply to your particular case.
