![]() ![]() When do the new provisions establishing time frames of 30 days for written Notice of Claim, 45 days for submission of health care bills and 90 days for submission of loss of earnings claims take effect?Īnswer: Insurers are required after April 5, 2002, to issue new prescribed endorsements for all new and renewal policies which contain the new requirements. In addition, the revised regulation modified many of the administrative procedures in connection with No-Fault arbitration and conciliation. The new regulation also included provisions for the electronic data transmittal of claim information, and revised rules concerning the wording and acceptance of No-Fault assignments. The revised Regulation modified the timeframes in which to submit written notice of claim from 90 to 30 days and to submit medical bills from 180 to 45 days, respectively, and mandated that lost wage claims must be submitted within 90 days. What are some of the more significant regulatory changes in automobile No-Fault insurance that have occurred as a result of the Departments promulgation of the revised Regulation 68 in September of 2001?Īnswer: Insurance Regulation 68, as revised effective April 5, 2002, effected numerous changes to the processing of No-Fault claims. Section 5102(d) of the New York Insurance Law describes various conditions that meet the definition of "serious injury". If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).Ĭan I sue for "serious injury" against another driver's liability coverage?Īnswer: You may sue another driver if he or she caused the accident that injured you and you sustain a "serious injury". If it is not insured, then you may file the claim with the insurer of a household family relative who had an auto policy at the time of the accident. If you were a pedestrian struck by a motorcycle, you should file a claim with the insurer of the motorcycle. What if the vehicle involved was a motorcycle?Īnswer: If you are the operator or passenger of a motorcycle involved in an accident, you are excluded from No-Fault benefits (you may sue from first dollar loss). In addition to the above, you can also sue the party responsible for the accident, in order to recover the costs that you paid which exceed your policy limit. You may also be eligible for Federal Social Security Disability benefits. If no Additional PIP benefits are available, you may make a claim to your standard health insurance to pay for your medical expenses. Additional PIP is an optional coverage which is usually not expensive. What do I do if my expenses exceed the $50,000 available under No-Fault?Īnswer: When the basic No-Fault benefits are consumed, you may apply for Additional No-Fault (Additional PIP) benefits either from the vehicle you occupied or any auto policy of a related member of your household. Additional information on MVAIC can be obtained on their web site or you can contact them by telephone at (646) 205-7800. If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC). If you do not know the vehicle that struck you or if the vehicle was uninsured, you may file a claim with the insurer of a household family relative who had an auto policy at the time of the accident. You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car that struck you. When and where should I file my No-Fault claim?Īnswer: Regulation 68 requires that "in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation." What is No-Fault coverage and what am I entitled to under it?Īnswer: See our Consumer Guide to Automobile Insurance.
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