New York Bicycle collision Lawyers Daniel Flanzig and Jim Reed explain "no fault" insurance law. It's not exactly what it sounds like.
As New York bicycle collision lawyers, we often get questions about the bicycle laws of New York and how “no fault" insurance works.
No-Fault refers to Art. 51 of the New York State Insurance Law and is a system set up to compensate injured persons whose crash arises out of the “use and operation of a motor vehicle,” The coverage provides for medical payments for thing such as ambulance transportation, Emergency Room visits, surgery, hospital admissions, follow-up doctor’s appointments, physical therapy as well as other medical treatment and tests. No-Fault also provides for your lost wages as well as transportation costs to and from medical providers.
No-Fault is available to a cyclist, pedestrian, driver, or passenger. NY requires that every vehicle have a minimum of $50,000.00 in no-fault insurance benefits.
If you are involved in an collision, the insurance regulations require that you submit a no-fault application within 30 days of the crash with the insurance company of the vehicle that struck you while cycling, or while you were a pedestrian driver or passenger of a vehicle. If you fail to timely submit the application, your claim can be denied as untimely. Sometimes that time can be extended for a good cause, such as long term hospitalization or other disability.
Remember, No-Fault is separate from any lawsuits or claims by the cyclist or pedestrian for injuries or wrongful death that may have resulted from the crash, although both parts of the claim should be handled by your lawyer. You are allowed to bring a claim against the driver that caused your collision for injuries sustained in the crash depending upon the extent of your injury.
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 precedents 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 who is familiar with the system, you will feel frustrated and overwhelmed with the process. This is normal. Even attorneys who do not regularly handle bicycle, pedestrian and other collision claims can be overwhelmed by the paper work involved.
It is also our concern that handling your own no-fault claim may jeopardize
some of your rights in the underlying lawsuit. This is why we suggest
that you allow a
New York bike lawyer to handle all parts of your claim. There is no additional charge. It is
a service as New York Bike collision lawyers we provide for free.
Our firms have handled hundreds of no-fault claims on behalf of our bike
crash clients. 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, pedestrians, drivers and passengers in New York may face when involved in a crash. For more information or assistance contact or email us at jimreed@bikelaw.com or daniel@bikelaw.com.
Additional Resources
www.zifflaw.com,
www.newyorkbikelawyer.com, and
www.flanziglaw.com.
http://www.bikelaw.com/2014/08/01/new-york-bicycle-laws/