what is a no-fault claim? why do you need a lawyer

Queens follows a “no-fault policy” in car accident claims. In a no-fault state, your car insurance provider would cover your medical expenses and lost wages regardless of whose fault the accident was. If you sustained personal or property damage in a car accident in Queens, NY, it’s essential to contact your Queens car accident lawyer.

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What happens if you are at fault in a no-fault accident?

Aug 24, 2021 · No-fault states, like Florida, allow accident victims who suffer serious and permanent injuries, and whose damages exceed the limits of their PIP coverage, to seek compensation through a personal injury lawsuit. Permanent injuries, as defined by law, include: Significant and permanent loss of an important bodily function

What is a no-fault insurance claim?

No-fault insurance means that if you're injured in a car accident, your own car insurance coverage will pay some or all of your out-of-pocket or economic losses, regardless of who was at fault for the crash. A no-fault claim is made through the "personal injury protection" or "PIP" provisions of a car insurance policy (this kind of coverage is mandatory in no-fault states, but …

What happens if my no-fault claim is denied?

Oct 04, 2021 · Severe injury claims that are likely to exceed your state’s no-fault threshold should be handled by an experienced car accident lawyer. Basic calculations for injury claim compensation will factor in pain and suffering. No-Fault States and Territories Twelve states and Puerto Rico require no-fault insurance: Florida Hawaii Kansas Kentucky

Do no-fault benefits cover lost wages after a car accident?

Sep 10, 2021 · If you were in a motor vehicle accident and filed for no-fault benefits, but haven’t yet consulted with an attorney, you may be surprised to know that part of your lost wages may be covered. Basic No-Fault auto insurance typically covers 80% of lost earnings from work, up to $2,000 per month for up to three years from the date of the car accident.

What is no-fault insurance?

No-fault insurance is part of your policy so that insurance companies, instead of the court system, battle it out with each other to settle claims.

What is covered by no-fault insurance?

There are up to four components that make up a no-fault insurance policy, and each offers coverage for various situations and needs.

What is not covered by no-fault insurance?

A no-fault insurance policy does have its pitfalls. When your ride has been damaged by anything other than a collision—for example, a falling tree branch, theft or graffiti—you’ll need another kind of insurance called comprehensive coverage.

Is no-fault insurance mandatory?

It is mandated by law to have auto insurance when you own a car, and pretty much everyone in Canada needs to have no-fault insurance because the system is in effect across the country. How it is implemented varies from province to province, though, and this guide from the Insurance Bureau of Canada (IBC) gives you a cross-country snapshot.

How much does it cost?

Whether public or private, no-fault insurance in Ontario, as well as B.C., Alberta, Quebec and across the country, is packaged differently. As a baseline, let’s look at the average price of annual premiums for a basic policy from coast to coast:

Everything you need to make a claim

There are go-to steps to take whenever you are in an accident, whether it’s your fault, someone else’s fault or a hit-and-run. “It’s a new experience for many people; one in 10 drivers may have a claim in a year,” says Pete Karageorgos, director of consumer and industry relations Ontario for the IBC.

How is fault determined after a crash?

While the ins and outs for no-fault insurance are different from one province to the next, factors that weigh in across the board include police reports, formal intel filed by insurance estimators and adjusters, and even past court decisions based on accidents similar to yours.

How No-Fault Car Insurance Works

Step 1: Notify your insurance company of the accident and your desire to file a PIP claim. Your claim will be assigned to an adjuster and you will get a claim number.

Exception to No-Fault Laws for Serious Injuries

States with no-fault laws allow exceptions for severe, high-dollar injury claims that meet or exceed the state’s “threshold.”

Sample No-Fault Car Accident Settlements

Most no-fault state laws mandate between $5,000 and $10,000 in PIP coverage. You may choose to purchase higher levels of PIP coverage at an increased premium cost.

No-Fault States and Territories

Kentucky, New Jersey, and Pennsylvania allow policyholders to choose between no-fault and traditional auto insurance.

Protecting Your Injury Claim in a No-Fault State

Even in a no-fault state, what you say and do after a car accident will have a big impact on the success of your claim.

How much does no fault pay?

No-Fault will pay 80% of your salary up to $2000 per month – 80% of $1000 is $800. Therefore, you are entitled to receive $800 per month in lost wages. But before you are paid by No-Fault, you will first be reimbursed by New York State disability. New York State disability will pay half of your salary up to $170/week.

How often do you have to provide disability notes to no fault insurance?

Therefore, in order to receive lost wages, you must provide disability notes to no-fault insurance every thirty days.

How long does it take to get a disability if you have no fault?

If your disability continues beyond the first 26 weeks, No-Fault requires that you apply for Social Security Disability. Yet another important note is to remember that lost wages through no-fault insurance claims may be paid up to three years after the date of the accident.

How much is no fault lost wages?

No-Fault will reimburse 80% of your pay up to $2000 per month. And, the good news keeps coming – no-fault lost wages are tax-free! No-Fault requires that you file ...

What is the minimum amount of auto insurance in New York?

No-Fault Benefits (Part 4 – APIP and OBEL) New York State law requires that every auto insurance policy issued in New York must provide the mandatory minimum of $50,000 in personal injury protection or “PIP”.

How often do you have to write a note to a doctor?

Sometimes your a doctor may just will write on a note that you cannot work for the next three months. Unfortunately, this is not good enough, and no-fault insists that you must provide a note every 30 days to continue to receive lost wages.

Do you have to see a doctor every month when you are disabled?

Though it can be frustrating to see your doctor every month during which you are disabled to request a note for no-fault, it is imperative to do so anyway so you do not lose the wages that will help support you and your family while you are injured and unable to attend your job every day.

Why was the No Fault Law passed in 1970?

In the 1970’s New York’s automobile No-Fault Law was enacted to ensure that insurance companies would pay for legitimate crash related medical expenses, lost earnings and incidental costs, regardless of who was at fault in a crash. The intent behind the law was to speed up compensation without the necessity of long drawn out litigation ...

What is the condition for no fault coverage in New York?

The conditions that must be met to qualify for No-Fault coverage: The accident occurred in New York. The injured party was the driver or passenger of the insured vehicle or a cyclist or pedestrian struck by or in contact with the motor vehicle. The vehicle must be a car, truck, bus, taxi (not a motorcycle) or other vehicle covered by New York ...

What is MVAIC in NY?

MVAIC is a state run agency which steps into the shoes of the insurance company where there is no insurance.

How much does No Fault reimburse you for?

No-fault will reimburse you for travel expenses to and from your doctors or medical treatment. They will also reimburse you for medications, brace and bandages as well as up to $25 dollars a day for other related incidentals for one year post accident.

What to do if your insurance is denied?

If your claim is denied and you have private health insurance, you can submit the bills to your private carrier and also direct your doctors to bill them as well. Obtain a copy of the denial as most insurance companies want proof that you have been denied by No-Fault before they assume the bills.

What is a BI claim?

When you are a cyclist, pedestrian or passenger, it will be this same insurance company that provides and pays your No-Fault claim that will also be defending and paying a judgment or settlement for your BI claim.

How much can you get from a crash without fault?

Under No-Fault you are entitled to receive 80% of your crash related lost earnings up to $2000 a month. You will also require a note from your doctor that you are disabled from performing your normal job duties. Your doctor must specify the length of your disability and that it is related to the crash.

What to do if you have no fault insurance?

If you have health insurance and have received a No-Fault denial of benefits, ask your medical provider (doctor, therapist, etc) to bill your health insurance carrier for your continued treatment. Once again, and it bears repeating, the most important thing to do if you’ve been hurt in an accident is to make sure you get good medical care. ...

What is considered serious injury in a car accident?

In a motor vehicle accident case, the injury must be what the law considers a “serious injury”. Oftentimes, an injury may limit the degree to which you bend your neck, back, arm, knee, etc. These limitations can be crucial evidence in proving... No-Fault Benefits: Part 1 – Overview.

How many physical therapy visits do you need for IME?

For instance, if you treat with a physical therapist and an acupuncturist, the no-fault carrier’s IME doctor may find that you need only one physical therapy visit per week (as opposed to the three visits recommended by your doctor) and that you don’t need acupuncture at all.

Do no fault carriers verify injuries?

As mentioned in an earlier blog (Part 2), the no-fault carrier will likely “verify” your injuries . In doing so, you may be required to appear for a so-called independent medical examination (IME).

Does No fault pay for acupuncture?

In that case, No-Fault will stop paying for acupuncture and will only pay for physical therapy once per week. If you still want to treat with an acupuncturist, you will have to pay for the visits yourself or have the visits billed to your personal health insurance, if that is an option.

Can an insurance company require an examination under oath?

An examination under oath (EU O) may also be demanded by the insurance company. More often, the no-fault carrier will seek to have you examined by one or more of their physicians at an IME. You must appear for the IME and/or EUO. If you fail to appear (or no-show), your no-fault benefits may be retroactively denied (meaning, ...

What is no fault insurance in New York?

If you are involved in a motor vehicle accident in New York State and sustain injuries, no-fault insurance will likely be your primary insurance coverage for your medical bills and lost wages. The no-fault carrier that is responsible for your medical bill will be the insurance carrier of the vehicle that you were riding in at the time of your accident, regardless of who was at fault for the accident. If you were a pedestrian or bicyclist your no-fault carrier will be the insurance carrier of the vehicle that struck you.

Why do insurance companies require you to have an IME?

If the doctor that examines you determines that you have successfully healed from your injuries that doctor will terminate your no-fault benefits.

Who is Steven Palermo?

Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.

What Is No-Fault Insurance?

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