Rosenberg & Rodriguez, PLLC

Victims of car accidents are not only faced with recovering from their injuries, they are also faced with worrying about how they will pay their medical bills and support their families while out of work and recovering from their injuries. The following are frequently asked questions about these issues.

QUESTION: What is No-fault Law?
ANSWER:In New York, every vehicle registered in this state is required to carry a form of health and disability insurance that pays the medical bills, prescriptions costs and lost earnings to the occupants of a motor vehicle involved in an accident, regardless of who was at fault in the accident. This insurance is called, No-Fault Insurance.

QUESTION: Who is eligible to receive no-fault benefits?
ANSWER: Anyone who is hurt in a car accident, hit by a car as a pedestrian, or bicyclist.You are eligible for no-fault benefits regardless of your immigration status. In fact, no one ever ask you about your immigration status when you’re applying for no-fault benefits.

QUESTION: How do I obtain my no-fault benefits?
ANSWER: The law requires that certain documents be filed with the insurance carrier of the vehicle that you were an occupant of at the time of the accident or, in the event that you were a pedestrian, the vehicle which struck you.

QUESTION: What benefits is the no-fault insurance company required to provide?
ANSWER: Provided that you submit the proper documentation, the law requires that the insurance company pay for the following:
  • Medical bills: All necessary medical treatment related to the injuries sustained in a motor vehicle accident are paid by the no-fault insurance company.
  • Lost earnings: The insurance companyis required to pay approximately 80% of your lost wages up to a maximum of $2,000 per month for basic benefits.
  • Prescription medications: Any prescriptions that your doctor has issued to you for the treatment of conditions caused by the accident, will be reimbursed.
  • Travel expenses: The insurance company will reimburse you for the number of miles traveled to and from doctors, physical therapists and hospitals.
  • Household care: In certain circumstances, the insurance company will pay for someone to take care of you because you were hurt in this accident.

QUESTION: Is there a deadline to submit the documents to the no-fault insurance company to be eligible for the benefits?
ANSWER: YES. There are strict deadlines for the filing of the application for no-fault benefits and for submitting your claims. The attorneys at Rosenberg and Rodriguez will prepare all the proper paperwork to make sure you receive all the benefits you are entitled to.

DISCLAIMER: This information intended for informational purposes only and should not be construed as legal advice.

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