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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"Daniel and his team are incredible professionals and very knowledgeable."Daniel and his team are incredible professionals and very knowledgeable about NYC/New York State bike law. Daniel was incredibly responsive and attentive during my multi-year incident. I was impressed with his knowledge about the NYC/New York State court system, as well as his relationships. He seems to know everyone in the field and is incredibly well respected. The process ended successfully, largely due to Daniel's expertise. I highly recommend his services.- Pavan R.
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"Dan and the team at Flanzig & Flanzig are exceptional."Dan and the team at Flanzig & Flanzig are exceptional. From the day of my incident to the final settlement, Dan and the entire Flanzig & Flanzig team were attentive and communicated all steps clearly. The process is not easy or fast (although mine seemed to progress quicker than others), and it was comforting to know I could focus on recovery while the Flanzig & Flanzig team took care of all the paperwork, court sessions, and negotiated a great outcome. Thank you, Dan and Team!!!- Bouker P.
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"I highly recommend working with them."Daniel Flanzig and his team have been a pleasure to work with. I experienced an unfortunate bike accident over the summer and Daniel and Shirley were nothing short of compassionate, clear, and organized while guiding me through the no-fault process. They have been incredibly responsive and easy to reach, no matter the question(s). I highly recommend working with them.- Alix M.
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"Flanzig & Flanzig should be your first call"If you’re a cyclist seeking justice after an accident, Daniel Flanzig and his team at Flanzig & Flanzig should be your first call.
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"Persistent and Professional"
I highly recommend Cathy if you’re looking for a lawyer who is persistent, professional, and truly cares about her clients. I was hit by a taxi cab while riding my bike, and the process to get a settlement took much longer than expected due to COV
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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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"Fantastic to work with"Daniel & team were absolutely fantastic to work with over a 4 year period after I was involved in a serious cycling accident.- Chris Aspinall
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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