New York no-fault law does not mean that the accident was no one’s fault as the name may imply. It requires insurance companies to pay quickly for medical expenses and incidental costs up to $50,000.00. If you were a driver or passenger of a vehicle involved in an accident or a pedestrian or bicycle rider that was injured, you can file a no-fault claim with the driver’s insurance company. The law does not, however, apply to the operator or passenger of a motorcycle.
If you have been injured in an accident and need to file a claim with no fault, New York allows you only 30 days in which to do so. If you were a passenger in a vehicle you should file a form NF-2 with the insurer or the vehicle you were in. If a pedestrian, you would file with the insurer of the vehicle that struck you. Your claim may be for not only medical expenses but for lost wages, cab or bus trips to and from receiving treatment, and other related expenses incurred. If you believe you are entitled to compensation beyond the $50,000.00 threshold you should contact an experienced no fault NY insurance attorney like the Law Offices of Tanya Gendelman.
With the current, no fault law NY has restrictions on the types of “serious” injuries that are permissible for further litigation for damages beyond the threshold of the law. The courts have also made the medical filing system such that it is beyond the scope of many doctors. A skilled attorney is necessary to navigate the complexities of the system to obtain a fair award for plaintiffs who seek damages above the New York no-fault law. The following are the 7 allowable circumstances that permit lawsuits:
- Injury resulting in death
- Significant disfigurement or dismemberment (loss of one or more limbs)
- Fractured bones
- Fetal loss
- Permanent loss of a body function or system or loss of an organ.
- Limited use of a body function or system or limited use of an organ.
- An injury or impairment that is medically determined, 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 of impairment.
When reading into the no fault New York law, it would appear that a broken nose would be covered by number three, but a dislocated hip that caused pain to soft tissues for a long period of time would not if the person’s job was done mostly from a sitting position. The courts have had several rulings regarding these gray areas and some encompass combined parts of each type of listed injury. The requirements placed on the medical professional for proper documentation have limited the ability of plaintiff in many cases to find the right doctor.
If you feel that you are entitled to an award above and beyond the threshold of the New York no-fault law contact the Law Offices of Tanya Gendelman today. The attorneys have the experience and know how to cut through the red tape. They are familiar with all the recent court interpretations and rulings regarding cases beyond the threshold of NY no-fault law.
No-fault lawyer New York can get you the maximum compensation
As with other US laws, its traffic laws, in what is commonly referred to as “no-fault state” are quite different from the traffic laws other states. Therefore, it’s best if you check your rights and priorities before you actually start participating in the traffic. If you’re involved in an accident, you’ll more than likely require help from an experienced no-fault lawyer New York.
The twelve no-fault states in the US are-Hawaii, Florida, Kentucky, Kansas, Michigan, Massachusetts, New York, New Jersey, Utah, Pennsylvania, Minnesota, and Dakota. If you reside in a no-fault state, the no-fault portion of your vehicle insurance is referred to as Personal Injury Protection or PIP.
No-fault lawyer New York can protect your rights
When it comes to auto accidents, it’s very important to find ahead of time what you need to do, if you ever so happen to get into an accident. This is the information you’re able to obtain when both the parties are still there on the scene and what you yourself do at the scene could very well determine the outcome of the trial that could eventually take place.
If you’re involved in anything other than a fender-bender in NY, it’s in your best interest to hire a reputable no-fault lawyer New York to make sure all your rights are fully protected under the no-fault law.
Auto accident attorneys in all no-fault states are specialized in the traffic law and know all the loopholes, ins and outs, and some curious laws regarding various traffic situations that could ultimately lead to lengthy litigation, and it’s wise to contact one of them if you’ve been involved in an accident. This will ensure your rights are duly represented should you ever need to go to the court.
While your auto accident lawyer will definitely try to assist you to get all the expenses covered by the other party, or may even get you a good compensation for the pains suffered, mainly due to the no-fault laws, you’ll have to make efforts to claim for your own injuries through your health and auto insurance company. The no-fault law in the US has been instated in twelve states to speed up court arrangements so that all parties involved can get the necessary medical help they need.
However, if you’re looking for money to pay for the damages done by the other party, you’ll have to hire a good no-fault lawyer New York in case their company does not see it fit to cover the damage done to your car or another vehicle.
To maximize your chances for a full payment, you must adhere to the state rules and laws that specifically dictate what to do and how to react after any auto accident. Your no-fault lawyer New York will help you at every step in this. If damages are above $500, she will advise you to contact the local police regarding any accident on the city streets, or the State Highway Patrol where the accident took place on any interstates.
You must keep in mind that you’re not allowed to leave the accident scene if there’s no medical emergency, because this could land you in jail, or you may have to pay a big fine. You should also get as much information as you can about the accident. Try to take pictures of the scene with your mobile, as this might help your no-fault lawyer New York when she is filing your case and defending you in the court.