When you’re in a car accident you’ll be scared and you’ll be hurt. The first thing you should do if you are able is immediately call the police and then exchange your information with the other driver including name, address and insurance. The next thing you should do as soon as you are able is call your insurance company to report the accident. Virtually every insurance policy in New York requires that all accidents be reported and, more importantly, when you contact your insurance company you should tell them that you are requesting that they send you a New York No-Fault Application for Benefits.
It’s important that you request this No-Fault Application as soon as possible because there are strict time limits which the law places upon you to file this application. In most cases the No-Fault Application must be filed within 30 days of the accident occurring. This application is important because any medical treatment, lost wages and other expenses such as prescriptions will be covered by your no-fault insurance through your own insurance company. However, if you do not file your application in a timely fashion, your insurance company can and in most cases will refuse to pay for your benefits simply because you did not file your application on time.
There are many technical rules which apply to no-fault and dealing with your insurance company. For example, even if you mail your application within the 30 days of your accident, if your company claims that it did not receive the application and you do not have proof that it was actually mailed, your company can still refuse to pay your benefits unless you can prove the application was mailed and received by the insurance carrier. This is done by sending it Certified Mail – Return Receipt Requested.
The attorneys at Spiegel, Brown, Fichera, & Coté, LLP are experienced in dealing with automobile accidents and particularly no-fault law and can be of vital assistance to you after you’ve been in a car accident.
You may also be entitled to recover damages for your pain and suffering from the driver who is at fault in causing the accident. The experienced lawyers at Spiegel, Brown, Fichera & Cote, LLP will provide a free evaluation of your potential case.