Under the New York State No-Fault Insurance Law, if you suffer personal injury in a motor vehicle accident you are entitled to No-Fault benefits to cover your hospital and doctor bills.
All accident-related medical bills will be paid regardless of who caused the accident. Further, any doctor or hospital willing to accept No-Fault insurance is not permitted to charge you an additional fee for treatment. If you receive any medical bills, you should send them to your motor vehicle accident Lawyer‘s office immediately, since in order to be considered for payment, bills must be submitted to the insurance carrier in a timely fashion.
No-Fault also entitles you to receive reimbursement of your transportation expenses to and from the doctor with a maximum of $25 per day for a period of one year from the date of the accident. If you are using a taxi, get a receipt stating the date and address of the doctor you visited. If you are using private transportation (such as your own car or the car of a relative or friend), you must complete and submit a mileage form indicating the name of the doctor visited, the address departed from, the doctor’s address, the dates of treatment and round-trip mileage. The completed form must be submitted to your lawyer’s office in a timely fashion so that they can submit it to the insurance carrier properly.
If you are unable to perform your usual household duties and need someone to help you, your doctor can recommend home-care services. No-Fault will reimburse you a maximum of $25 per day for a period of one year from the date of the accident. A note from your doctor authorizing these services and a paid receipt from the home-care service provider will be required by the insurance company.
The No-Fault insurance carrier and your attorney’s office will at some time notify you that the insurance carrier has arranged for their doctor to examine you. If you do not appear at the examination all of your No-Fault benefits will be immediately terminated.
If you have any unpaid medical bills, transportation expenses, household service expenses, disability notes or other outstanding No-Fault matters make sure that you submit them to your attorney’s immediately or the No-Fault carrier may deny payment.
In addition to medical expenses, No-Fault will reimburse you for lost wages if you are unable to work because of injuries sustained in the accident. Your lost wages are to be paid as follows: If you are entitled to disability coverage from your employer, your disability insurance carrier will pay you after the first week at a rate of half your gross salary up to a maximum of $170 per week for 26 weeks. To obtain these benefits, you must within 20 days file an application for disability with your disability carrier. Please follow through on this so you do not lose any of the benefits to which you are entitled.
Thereafter, No-Fault will pay 80 percent of your salary up to $2,000 per month with a set-off for what you are entitled to receive from disability. Please note that if you are entitled to receive disability benefits from your employer, but fail to apply for these benefits, the No-Fault set-off will still apply.
If you are not entitled to disability benefits, obtain a letter from your employer or written proof and bring it to your lawyer’s office immediately. The No-Fault carrier will deduct disability from your wage benefit check, whether you collect disability or not. We must prove to them that you are not entitled to disability benefits in order to avoid the deduction for disability benefits.
In addition, in order to obtain your No-Fault lost-wage benefits in the shortest amount of time, it will be necessary for you to obtain a disability note from your treating doctor and send it to your lawyer’s office. Your doctor must provide you with an updated disability note every 30 days.
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At Cohen & Jaffe, our concern is your right to full and fair compensation from all available sources, including No-Fault insurance. Contact us today to find out how we can help you. There is no charge for a claim evaluation and consultation. It costs you nothing to discuss your case with us, and there are no strings attached.