LIBRARY > ACCIDENTS > AUTOMOBILE

Hit-And-Run Or Uninsured Auto Accidents

Topics Covered

No Fault: What It Means to You
Basic Benefits
What Benefits Are Available?
Starting Your Benefits
For How Long Will They Pay These Benefits?

INTRODUCTION: Automobile accidents can cause devastating injuries, leaving victims temporarily or permanently disabled. Sometimes the medical bills arrive before a car crash victim has left the hospital. An extended recovery can mean many lost weeks of work.

At Trolman, Glaser and Lichtman, we let our clients recuperate from their accidents while we work hard to get them the money they need and deserve.

We help car crash victims file their "No-Fault" insurance claims - the money everyone in New York is entitled to receive to cover medical bills and lost wages even if the car owners had no insurance or the injured person was somehow responsible for the accident.

"No-Fault" benefits are rarely sufficient to cover expenses when the injuries are severe, broken bones. Lost limbs, organs, scarring or a miscarriage. And too many victims find their benefits delayed or denied. If this is the case, we bring a lawsuit against the driver who caused the accident. We have an outstanding record of successful settlement and verdicts in automobile accident lawsuits. See some of the awards we've won for clients.

Questions? Please call us at:
1-888-4-TGLLAW^TM
1-888-484-5529

No Fault: What It Means to You

Prior to the enactment of the New York No-Fault law (Comprehensive Automobile Insurance Reparations Act), if you were involved in a automobile accident and you sustained out of pocket losses (medical, hospital and doctor bills, loss of earnings, etc.), you had the right to sue the responsible person. In that lawsuit, the law permitted you to make a claim against a motorist for a sum of money to compensate you for your "pain and suffering" as well as for these expenses.

No payments were made to the accident victim while the case was pending. Payment for out-of-pocket losses depended upon a favorable result, either before or when the case went to Court. Any possible acts of negligence on the part of the injured person was a very important factor to consider when determining whether or not the auto accident victim would be entitled to any compensation.

In other words, if the injured person lost his or her case, no bills would be paid and no payment would be made for pain and suffering.

Basic Benefits

Now, as the result of the No-Fault law, you are entitled to be compensated for your economic losses, by demonstrating that you have been injured as the result of an auto accident, even if your own negligence was the cause of the accident. However, your right to recover money damages for your pain and suffering by bringing a lawsuit is limited to those cases where the injured person has sustained a "serious injury."

The No-Fault law provides certain benefits for persons injured as the result of the use and operation of a automobile. These benefits are paid by the Insurance Company. In the case of driver or passenger, it's the Insurance Company who insures the owner of the vehicle and, in the case of a pedestrian, the Company insuring the car which struck the pedestrian must pay the benefits. These benefits are available, even if the car was not insured. The benefits are payable either through an uninsured fund (MVAIC) or through the injured person's own or family member's Insurance Company.

What Benefits Are Available?

The law provides first-party coverage for basic economic loss, up to $50,000.00. "Basic economic loss" includes reasonable and necessary hospital and medical expenses, 80 percent of loss of wages up to $1,000.00 per month, for a period not exceeding three years, and other reasonable necessary expenses.

This coverage is provided to the person named on the policy; any members of the household; as well as any pedestrians or others injured through the use of the vehicle.

The law excludes a person from any coverage if that person intentionally causes his or her own injury, or is injured while operating a car while intoxicated, or under the influence of drugs or while committing a felony, such as stealing a car. Motorcycles are not covered by no-fault.

Starting Your Benefits

File a written application for benefits with the appropriate Insurance company within 30 days of the accident. This initial step will get you a claim number and a person with whom you can send your bills and communicate with in the event that you are not getting your benefits. All benefits are payable after 30 days have passed since sending in your claim. Health providers must submit their bills within 45 days of treatment.

There are simple Arbitration procedures available to compel the Insurance Company to pay benefits, with provision for the payment of interest and Attorneys fees.

For How Long Will They Pay These Benefits?

The Insurance Company is obligated to pay loss of earnings for as long as you are disabled and are unable to work (up to 3 years), and to pay medical bills for as long as is reasonably necessary.

However, what the doctors and hospitals can charge is limited by law and the Insurance Company can require the claimant to submit to physical examinations. All benefits are subject to termination in the event that the Doctor finds that treatment is no longer necessary or the person is fit to return to work. Arbitration is available to test these findings. Of course, all benefits terminate when $50,000.00 have been paid.

The No-Fault law has simplified the means to recover for any out-of-pocket losses which have been sustained as the result of an auto accident. If you have been injured in an automobile accident, it would be wise to consult with an attorney experienced in handling these cases to assure that the you receive all of the benefits to which you are entitled. Your rights to recover damages for your pain and suffering are preserved.