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No-Fault Alert: Changes in New York State No-Fault Regulations

As of February 1, 2000, the State of New York Department of Insurance has changed the deadlines for the submission of no-fault benefit claims. The regulations now require that all applications for no-fault benefits be submitted in writing within 30 days of the motor vehicle accident in which the covered person is injured. Medical providers must now submit their bills to the no-fault carrier within 45 days of the treatment provided. Failure to meet these deadlines, which are a significant change from previous guidelines, could result in a loss of benefits to which you may be entitled.

The New York State No-Fault Law

The New York State No-Fault Law provides for the payment of benefits to victims of motor vehicle accidents. These expenses include: all necessary doctor and hospital bills and other health services expenses; 80% of lost earnings, with a maximum of $2,000.00 a month, for up to three years following the date of accident; up to $25.00 per day for a period of one year from the date of accident for other reasonable and necessary expenses incurred because of a resulting injury, i.e. transportation to and from medical providers, the hiring of a housekeeper, etc.; and a $2,000 death benefit, payable to the estate of a covered person. These are the minimum benefits required in every motor vehicle insurance policy in the State of New York. Your benefits may be greater if there is extended coverage on your policy or on the policy of the liable party.

The New Regulations

As mentioned above, as of February 1, 2000, victims of motor vehicle accidents must provide written notice of claim for motor vehicle no-fault benefits to the appropriate insurance company within 30 days from the day of the accident. Further, any and all bills for health care services must be submitted to the insurer within 45 days of the treatment. Claims for lost earnings and other reasonable and necessary expenses must be submitted to the insurer within 90 days. Failure to make these timely submissions will result in no-fault benefits being denied. If you are injured in an automobile accident and/or believe you are eligible for benefits under the New York State No-Fault Automobile Insurance Law, contact us promptly. If engaged, Friedman, Levy & Goldfarb, P.C. will evaluate your situation and make certain that your application for no-fault benefits and submissions for payment meet all insurance regulation requirements. In addition to no-fault benefits, you may also be eligible for third party benefits, often referred to as "pain and suffering" damages. Don't lose benefits you may be entitled to because of lack of knowledge of these regulations. Know your rights!

Friedman, Levy & Goldfarb, P.C. is also available to review your existing motor vehicle insurance policy to make sure you have the coverage you need. Planning ahead is invaluable because you never know when you may find yourself in a situation requiring insurance coverage. Contact us for a free consultation.

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