Understanding No-Fault Insurance in New York
No-Fault is not exactly what it sounds like. No-Fault refers to Art. 51 of the New York Insurance Law. It is a system set up to compensate injured persons whose crashes arise out of the "use and operation of a motor vehicle". This can be a cyclist, pedestrian, driver, or passenger. If a crash involves a car, truck, or bus, that vehicle's no-fault coverage will be responsible to pay for all "reasonable and necessary medical expenses" related to the collision and to your lost wages. If you are involved in a crash, you need to file a no-fault application within 30 days of the accident with that vehicle's insurance company or your claim can be denied. Sometimes, that time can be extended for a good cause, such as long term hospitalization or disability. No-Fault is separate from any lawsuits for pain and suffering, although both parts are normally handled by your lawyer.
At Flanzig and Flanzig we maintain a dedicated No-Fault Department to help our clients handle their no-fault claim. There is no additional charge for this service as it is part of our comprehensive collision and crash representation.
More About No-Fault
No-Fault is also known as Mandatory Personal Injury Protection (PIP). The endorsement contained in all New York State-issued automobile policies contains four conditions precedent to eligibility for no-fault benefits.
The four conditions precedent are:
- (1) the eligible injured person must provide written notice of the collision to the insurer within 30 days after the accident;
- (2) the assignee medical provider must submit the bill for medical services to the insurer within 45 days after the services are rendered to the assignor;
- (3) the eligible injured person must submit to medical examinations by physicians selected by the insurer and
- (4) the eligible injured person or that persons assignee (medical provider) must submit to examinations under oath (EUOs) as the insurer may reasonably require.
Although the system seems friendly and inviting, navigating it can be difficult. Even with a crash being 100% the fault of the vehicle operator, you still may find yourself struggling to get your medical bills and wages covered. While you are allowed to handle your own no-fault claim, often without the help of a lawyer, you will feel frustrated with the process. This is normal. Also, handling your own no-fault claim may jeopardize some of your rights in the underlying lawsuit. This is why we suggest that you allow us to handle all parts of your claim. We have handled thousands of no-fault claims on behalf of our clients. It is a service we provide free of charge when handling your bike crash case! Our experience has taught us the ins and outs of the system, what to expect from the various insurance companies, and how to force them to honor the claim.
This page is a brief outline of some of the insurance issues cyclists in New York may face when involved in a crash. For more information or assistance contact us at (888) 290-5994.
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"Went above and beyond to get a favorable settlement"Dan and his team were quick to respond after my bike accident and went above and beyond to get a favorable settlement.- Jared
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"Daniel and his team made what was a stressful situation much less overwhelming"After being hit on my bike, Daniel and his team made what was a stressful situation much less overwhelming. Daniel himself explained everything thoroughly and I felt supported throughout the whole process with followup from his team. Super grateful to have found Daniel and wouldn't hesitate to recommend him.- Cody
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"Phenomenal Team!"The team here is nothing short of phenomenal. I reached out about my case on a Sunday afternoon from the hospital and we spoke before the evening was over. Since then, they have been happy to answer any question I have, and walked me through the entire process from handling my no-fault insurance to ultimately getting a settlement offer.
To any cyclist in search of a lawyer who understands the challenges of biking in this city, look no further than Daniel and his team.- Conor -
"I am grateful to her and her firm for their expertise and diligence."Almost 4 years ago I was struck by a delivery truck while on my bike and suffered a shattered wrist. Cathy Flanzig guided me through the process of bringing a suit against the company that owned the truck and the driver. Ms. Flanzig was professional and compassionate and realistic throughout the whole process. I am grateful to her and her firm for their expertise and diligence.- Kathe D.
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"Combination of legal expertise with a compassionate approach"If you are in search of a lawyer who combines legal expertise with a compassionate approach to client care, look no further than Daniel Flanzig and his team at Flanzig and Flanzig. From start to finish, Daniel not only holds an impressive depth of legal knowledge, especially in bicycle laws, but also a remarkable commitment to achieving the best possible outcome for me. Daniel took the time to thoroughly understand the nuances of my case, patiently listened to my concerns, and provided clear, concise explanations of the legal strategies available. This level of transparency and communication instilled a sense of confidence and reassurance during what was initially a daunting process. I highly recommend him for anyone seeking top-tier legal representation.- Runa R.
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"Supported me since DAY ONE of my 2.5 year journey!"Daniel Flanzig was with me on DAY ONE of my 2.5 year journey through the fractured legal system following a serious bicycle accident which left me with two broken wrists. The thirteen day hospital stay included surgeries on both, titanium plates implanted on both, and a severe challenge to my mental health and way of life. Unfortunately, I needed two
more surgeries on the significantly more damaged right wrist. Dan navigated me through the strained New York City Medical System, still struggling in late 2021 from the wrath of COVID. When the lawsuit needed to be moved to New Jersey, Dan seamlessly transferred the case to Joseph G. Hughes. Both men proved to be upstanding attorneys and outstanding human beings, emotionally invested in my traumatic, drawn-out experience, and committed to reaching the settlement deserved. After matters were resolved by Mr. Hughes, I received a call from Dan, closing this chapter of our time together, but cementing a lifelong connection filled with the utmost respect and gratitude.- Marty Keiser -
"Helped me through a difficult time with great results!"I recently suffered a grievous injury being struck by a drunk driver while cycling, when dealing with short-term disability, hospital bills, and all manner of associated paperwork I received care and support from the lawyers at Flanzig & Flanzig. Can't recommend their services enough, they really helped me through a difficult time with great results!- Brandon W.
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"Ever since my accident, they paid close attention to my needs & welcomed any questions."Exceptional lawyers with great client services. Ever since my accident they paid close attention to my needs and welcomed any questions. Any issue I had was met with a prompt response via phone or email. They made the process easy and produced results. I would definitely return if I ever needed their services again.- Efren V.
Why Choose Flanzig & Flanzig, LLP?
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Leaders in the Safe Streets Movement
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Committed Advocates for New York Cyclists
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Top-Rated New York Attorneys
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Dedicated to Helping Cyclists
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Free Consultations
