Tuesday, July 5, 2016

The No-Fault Provision Explained:

     Forms, agreements, and other such paper work can easily become confusing when dealing with insurance companies. More often than not, people find themselves overwhelmed by insurance companies when trying to recover from an accident. If you were involved in a car accident and did not cause it, keep the following information on hand when dealing with your insurance representative.


     Every insurance contract in New York State must have a No-Fault provision. If you were seriously injured in a car accident, you may be entitled to the following: 
  1. If you require medical appointments or procedures because of the accident, the insurance company is required to cover at least $50,000 under the No-Fault provision. This money can also be applied to lost wages if you need to miss work because of the accident.
  2. Other medical benefits may continue without an end date as long as the injuries involved are caused by the car accident.
  3. If you do happen to need time off from work, you can still be compensated for up to $2,000 a month for up to three years after the accident occurs.
  4. For some necessary expenses, you may be provided up to $25.00 per day. This money can be used for:
              -   Traveling to and from doctor’s appointments
              -   Hiring someone to assist you if you are unable to take care of yourself (family excluded)

You may receive compensation in other ways depending on your insurance coverage, but these are the minimum payments that you can receive from any insurance company in New York State.

     In order to qualify for No-Fault coverage, you must submit a No-Fault application within 30 days of the accident. You will need to provide proof that you have been disabled in some way due to the accident, and your doctor must provide that proof once a month for your benefits to continue. You must keep track of your expenses and millage to and from the doctor’s office as well as days of work you have missed. Always have your claim number, insurance company’s address and the name of your adjuster, medical verifications stating that you cannot take care of your own needs, a record of every injury that the accident caused, and the name of your doctor.

     Keep detailed records and documentations for yourself, do not rely on the insurance company or your doctor to keep track of everything. Make sure to ask for copies of forms, receipts, and other proof relating to recover. Lastly, your doctor must bill the insurance company no later than 45 days after an appointment or procedure takes place. Remember to keep a detailed record and receipts as proof of your injuries and expenses.

     Remember that a No-Fault claim is merely compensation for your economic loss as a result of a car accident. It is not compensation for your personal injury and pain and suffering.. In no way does bringing a no fault claim bring an action against the driver who caused the accident. If you wish to sue him or her, that is a separate matter altogether and you should see an attorney immediately to assist you. 

     If you have any questions about the No-Fault claim, contact the Poissant, Nichols, Grue, and Vanier, P.C.

367 West Main Street                                                                       45 Market Street
Malone, New York 12953                                                                Potsdam, NY 13676

Phone: (518) 483-1440
Toll Free: 1-800-924-3529


-Paul Nichols

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