The no-fault laws apply to victims of car accidents and state that the insurance company will pay for certain expenses.
For instance, if you are the victim of a car accident, whether you were driving at the time or just a pedestrian, and the party responsible for the collision does not have insurance to cover damages, then you are entitled to no-fault benefits from your insurance company, even if you do not file a lawsuit. The same principle applies if the insurance policy is in the name of a family member in your household.
According to the New York car accident legislature, all auto insurance policies must include a standard no-fault limit of $50,000 per individual. So, if you’re currently living in Queens, you are protected.
At least, that’s the theory behind the no-fault laws. When put into practice, there are other things you should consider:
1. Fill the Paperwork
Insurance companies won’t automatically give you the money out of sympathy and the kindness of their hearts. You must fill out a no-fault application form with the carrier of the car you were in at the time of the incident if you want to get compensation. Remember to ask your insurance provider for this form specifically.
2. Don’t Waste Time
You have to fill out this form within 30 days from the time of the accident. It’s essential to act quickly, as any delay can serve as cause to refuse your claim.
Moreover, remember that most health insurance policies won’t cover injuries sustained after a car accident. So, fill out the form as soon as you can to make sure you can include your medical expenses.
3. Send the Form to the Correct Insurance Company
Remember, if you want to qualify for no-fault compensation, then you must submit the form to the insurance provider of the car you were in, you own, or your family member owns.
Don’t make the mistake of sending it to the insurance company of the driver that hit you. They can take a while to get back to you, and you might miss the 30-day mark without even knowing it.
4.Extra Claims – Extra Steps
If you are also claiming other expenses in addition to the medical ones, such as lost wages, you will have to take a few additional steps for your claim to go through. For instance, you must ask your employer to provide proof of your wages, work absence, and loss of income as a result of the accident.
No-fault laws say you are entitled to 80% of your lost earnings as long as they total up to an $8,000/month payment. You may receive this aide for a maximum of three years, depending on the degree of your injury and how much you will be incapacitated.
Do You Qualify?
Not everyone can file a no-fault claim. If you want to qualify, then you have to meet a few conditions:
- The accident must take place in New York;
- You did not cause the crash;
- The vehicle must be covered by New York No-Fault Law (car, truck, bus, taxi, and so on);
- The vehicle is registered in Queens or New York, and the insurance policy is issued by a company licensed to do business in Queens or the State of New York.
For instance, if you were hit by a motorcycle, you do not qualify for ‘no-fault’ claims per the laws of the state.
Remember that if the insurance company accepts your claim, you will get a no-fault claim number, which you will then give to your doctor, along with the name of the insurance company.
If the claim was denied, you could also submit your medical bills to your private health insurance carrier, along with a copy of the no-fault denial.
You should also consider hiring an accident lawyer in Queens to guide you through this process. They can make sure insurance companies don’t try anything sneaky.