Long Island, New York (NewYorkInjuryNews.com) — Most people do not realize that if you have been involved in an New York automobile accident that there are strict limitations of time to file certain types of documents or you lose your right for benefits.
It is true that if you have been involved in a car accident that you have three years to bring a lawsuit to recover money damages. This rule changes if the vehicle that hit you is government owned in which case you have to comply with “Notice of Claim” requirements which generally means filing a document within 90 days with the appropriate government agency.
However, what about your no-fault benefits? No-Fault is the insurance company, which pays your medical expenses and loss of earnings. If you are a driver or passenger in a car, your no-fault benefits are provided by the insurance company of the car that you are a passenger in. If you are a pedestrian and are hit by a car – it is the insurer of the vehicle that hit you.
To obtain no-fault benefits, you must file a claim with the correct insurance – but you have only 30 days to do it or you lose benefits. The minimum amount of no-fault coverage for medical expenses and loss of earnings is $50,000.00.
You might think that it sounds easy to file to within 30 days – but what if you are taken to a hospital before you had a chance to get the information about the car’s insurance? That is why you need to see attorneys skilled and experienced at dealing with such matters. An attorney can hire an investigator to interview the driver or check the Department of Motor Vehicle’s records and obtain the police report that should contain the insurance information.
There are other reasons to contact a lawyer quickly. What if the car you were in or the car that hit you was being operated in violation of the law that requires insurance? In that case, you have to file quickly under the provisions of your own insurance policy which provides coverage if you are struck by an uninsured vehicle or if you do not have a car, then you must file with the Motor Vehicle Accident Indemnification Corporation – an agency set up to protect people who are involved in accidents with uninsured drivers.
The lesson here is to get a lawyer immediately so you do not lose the coverage for payment of your medical expenses and loss of earnings under the no-fault law.
If you have questions about payment for lost medical expenses or need legal answers for a personal injury automobile accident in New York, New Jersey or Long Island, complete the form below for information from our panel of experienced attorneys and a post will be written about it.
Contributor: Christoper McGrath – Long Island Motor Vehicle Accident Lawyer- Leading Trial Attorney, New York City, Long Island.