The law in New York State places many requirements on people who are injured in automobile collisions. You should contact an attorney for help immediately after an accident because you may jeopardize your rights if you try to fill out insurance forms and deal with insurance adjusters on your own.
No Fault Requirements:
If you are injured, you must file a no fault application with insurer of the car in which you were injured within 30 days of the collision. Your medical bills, lost wages and out of pocket expenses will not be paid if you miss this deadline.
Here is a link to a no fault application form: CLICK LINK
We will fill out your no fault application and submit it for you. We do not charge extra for this service.
Serious Injury Requirements:
To recover for your pain and suffering from an automobile collision, your injuries will need to fall within one of nine categories.
The law states “‘Serious injury’ means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.” This language is vague and confusing to many lawyers and judges. Your injuries may not need to be as serious as you expect to meet the requirements of at least one of these categories. We can explain this to you.
Also, you do not need to have a serious injury if you were injured while driving or riding on a motorcycle, or if you incurred more than $50,000.00 in economic losses.
Courts mandate that your injuries need to be documented. You will need medical evidence to substantiate your injuries.
You are also required to provide timely notice of uninsured and supplemental underinsured motorist claims to prevent an insurance company from disclaiming coverage. We can determine if you have such a claim.These are just some of the requirements placed on victims of automobile collisions. We deal with these requirements every day and we know how to maximize our clients’ recoveries.
|307 Clinton Avenue, P.O. Box 4235, Kingston, New York 12402|