New York Personal Injury Lawyer Blog

When you are in a New York motor vehicle accident, your medical bills, hospital bills and lost wage claims are paid by the no-fault insurance company, which is your own insurance company, even if the other car was at fault for your accident. Any occupant of your vehicle that is injured in this New York car crash is also covered under this provision, and makes a claim through your insurance company.

You must be aware that in order to be eligible for No-Fault coverage, an application (known as an NF-2) must be submitted within 30 days of the accident for each person making a claim for No-Fault benefits. Unfortunately, the insurance companies involved often fail to notify the claimants of the 30 day rule, which jeopardizes your medical, hospital and wage benefits through No-Fault. That is why it is vital that if you are in a New York car accident, you should consult an attorney immediately.

If you, a loved one, or friend has been involved in any type of accident, contact The Law Office Of Mark A. Siesel online or at 888-761-7633 for a free consultation with an aggressive, experienced attorney who will provide personal attention and dedication to your case.

This past week, our firm won a significant Westchester County car accident verdict in a case in which Allstate Insurance, as its custom, refused to make a reasonable offer. The case was simple. Our client, a woman in her late fifties, was hit by a car while walking to work and suffered a left hand injury, and other injuries of lesser severity. Allstate knows that attorneys are now fearful to go to trial in Westchester car accident cases, (not to mention slip and fall cases, dog bite cases or product liability cases as well), because Westchester juries tend to be very conservative and favor defendants, either because they think verdicts are too high in general, there are too many lawsuits, or their insurance rates will go up. Additionally, under the No-Fault Law in New York, plaintiffs must meet the "threshold", which generally means that they must have a fracture, a disfigurement, or some type of permanent injury to recover any compensation. Thus, Allstate, more than any other insurance company, has a practice of forcing plaintiff attorneys to go to trial (Allstate's strategy is well known and has been posted on various Internet sites) in the hope that plaintiffs won't sue and lawyers won't take cases when they see that Allstate is the insurance company for the wrongdoer.

We called Allstate's bluff, (they offered a measly $10,000) and the jury awarded our client a total verdict of $105,000 for past and future pain and suffering. In addition to the fact that this Westchester auto accident jury taught Allstate the lesson that they will be held accountable when the evidence is there, the other positive development from this case was our experience with the new "Summary Jury Trial Program", with Judge Gerald Loehr presiding.

Continue reading "Westchester County Car Accident Verdict" »

What is No-Fault coverage and what am I entitled to under it?

Regulation 68 requires that "in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation."

You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car that injured you.

What do I do if my expenses exceed the $50,000 available under No-Fault?
Ans: When the basic No-Fault benefits are consumed, you may apply for Additional No-Fault (Additional PIP) benefits either from the vehicle you occupied or any auto policy of a related member of your household. Additional PIP is an optional coverage which is usually not expensive.

Continue reading "Summary of New York No-Fault Law Provisions" »