Accidents are unfortunate incidents which are often not planned for or
intended. However, it is common for people to get involved in accidents,
especially on the road. For this reason, certain measures need to be
put in place to ensure of the well being of those involved in accidents.
These measures may include the services of insurance companies and
those of lawyers. The New York state no-fault law caters for the rights
of both parties involved in accident; through efforts to reimburse their
economic losses. This means that regardless of who caused an accident,
insurance cover should pay for basic losses of the parties involved.
In this case, basic losses are well defined under the law. A person may
be reimbursed by up to a sum of fifty thousand dollars. In the event
that one needs medication, he/she will be covered by an insurance
company. Medical services that are paid for include surgery, dental
services and x-rays. After one has gone through surgery, they may have
to go through rehabilitation or physical therapy sessions, which will
also be paid for by insurance. The state of New York also recognizes
other methods of healing, which may not be directly related to medicine,
such as religious options.
There are a number of reasons that led to the enactment of the no-fault
law New York. One of them is the fact that the court deals with numerous
cases every day. The existence of the no-fault law reduces the number
of cases that are taken to court over minor injuries. The state of New
York also enacted the law in an effort to promote the health of
citizens. Recovery from accidents allows people to be productive within a
shorter period of time; contributing to the overall economic success of
the state. This law also helps to define what constitutes a serious
injury. Only those who have sustained serious injuries can seek
financial assistance for the pain they are experiencing.
The injuries which can be classified as serious are nine in total. Death
brought about by an accident is considered to be the most serious, and
unfortunate occurrence. It may also occur that a part of a person’s body
becomes dismembered or mutilated in an accident. In the event that one
suffers from disfigurement, it must be significant to be considered as a
serious injury. One may also suffer from the loss of a fetus or a
broken bone as a result of an accident. The others include loss of an
organ, limitation of a part of the body to function, and impairment for
ninety days or more.
Under no-fault insurance law New York, “first party benefits” refer to
economic reimbursement given to those who have suffered as result of the
use of a motor vehicle. Those who are affected by motor vehicle
accidents, even in the event that they were not in a vehicle at the
time, are entitled to these benefits. Family members of a person who has
suffered a loss are also qualified in this case.
There are some situations which may disqualify one from being covered by
this law. One of them is the event that a person gets injured
intentionally. If a person was intoxicated while operating a motor
vehicle, they are also disqualified from coverage. Other situations
include operating a vehicle in a speed race, driving a stolen vehicle,
and sustaining an injury while repairing a vehicle. It is therefore
important for a person to look into legal state of their situation in
the event that they are seeking reimbursement.
People may not be compensated if they are unaware of the steps to take
when they have been injured in an accident. New York no-fault laws
require one to adhere to certain deadlines when making a claim. For
example, one may be required to make a claim within a period of thirty
days after the accident has occurred. In the event that one is making a
claim for a serious injury, proof such as medical reports should be
given. The complexity of making a claim often prompts people to seek the
services of a lawyer. This ensures that one gets all their legal
This law also gives provisions to those who are below the age of
eighteen. In this case, parents or legal guardians are in charge of
their medical bills. They are also required to take legal action on
behalf of a child who has sustained injuries. In most situations, one
seeks medical assistance for their child as soon as the accident has
occurred. In this case, medical bills serve as evidence of the amount
paid. These bills should be submitted immediately after they have been
issued by a health facility. If forty five days pass after one has
received treatment, they are unlikely to get any form of payment.
There are situations whereby one receives payment due to the fact that
they are unable to work for a certain period of time. In order for this
to happen, it is necessary for this person to receive proof from a
doctor that they are incapable of working to make an income. In this
case, an insurance company can continue to pay a person for their losses
for a period of three years. For this reason, people may be reluctant
to return to work; fearing that they will no longer receive
compensation. However, insurance companies are required to keep paying
injured parties for the entire stipulated period.
It is vital to get the correct information about no-fault law before
getting involved in the process of filing a claim. This means that it is
necessary to get in touch with the right lawyer. One can do this by
asking for information from others who have been involved in accidents.
They often retain contacts to lawyers who are credible. Another option
would be to carry out a search on the internet. On this platform,
several lawyers are listed. It is even possible to view the credentials
of a number of lawyers before making a choice.