Is There a Deadline for Filing No-Fault Insurance Claims in New York? Accident Lawyer New York Elaborates
If you’re involved in a car accident in New York and are now looking to claim compensation for the injuries and other damages you have suffered, then New York’s compensation system demands that you report the accident to your insurance provider and file an insurance claim. However, we’ve seen many occasions where victims have been denied the compensation they deserve for not filing claims on time.
This begs the question—is there a deadline for filing no-fault claims in New York? In this post, the team at Gabriel Law will step into the shoes of your accident lawyer in New York and educate you on the key deadlines connected to no-fault insurance and what happens when you miss these deadlines.
What is No-Fault Insurance?
No-fault insurance is another name used to describe your Personal Injury Protection (PIP) coverage, which is a mandatory part of the insurance coverage of all drivers in New York. Through your no-fault insurance, you are able to claim compensation for any medical bills, lost income, and other connected expenses you’ve incurred due to being injured in a car accident.
Since New York is a no-fault state, a person is able to claim compensation for the damages mentioned above, regardless of any fault they may have in the accident; thus, the term ‘no-fault.’ However, you can only claim up to $50,000 through your no-fault insurance. If your damages exceed $50,000, you must cover the remaining amount via alternate means, such as other insurance coverages or by filing a personal injury lawsuit.
Keep in mind that no-fault insurance only covers economic damages, which means that you will not be able to claim compensation for non-economic damages such as pain and suffering and mental distress.
What is the deadline for filing a no-fault insurance claim?
In New York, you must inform your insurance provider about your accident as soon as possible. That being the case, you must file your no-fault insurance claim for compensation within 30 days from the date of the accident.
What happens when you miss the 30-day deadline?
If you have not filed a claim within the 30-day period, your insurance provider is legally entitled to deny your claim under New York Insurance Law. If you want to revive your chances of receiving benefits past the 30-day deadline, you will need to give a “clear and reasonable justification” for the late filing.
Once the insurance company has received your late notice, they will evaluate your reasons, and if they find the explanation satisfactory, they can allow your claim to proceed. However, if they find your explanation lacking, they can reject your claim and deny your no-fault benefits.
Can you appeal a denial of no-fault benefits?
Yes, if your claim has been denied due to late filings, you can appeal the decision. As part of the appeals process, you can request a no-fault arbitration or file a complaint with the Department of Financial Services. Keep in mind that the success of your appeal will depend on you showing a clear and reasonable excuse for your delayed filing.
Can you file a lawsuit to claim denied no-fault benefits?
Yes, you also have the option of pursuing legal action with the help of a car accident lawyer in NYC, especially when you believe the insurance is withholding no-fault benefits in bad faith. But keep in mind that if you have gone for arbitration beforehand, the binding nature of the arbitration may prevent you from taking further legal action on the matter.
Conclusion
When claiming compensation for damages suffered in an NYC car accident, timely submission of the relevant claims is a must. Failing to submit your insurance claim on time can allow the insurer to refuse your claim and deny no-fault benefits, leaving you with a significant financial burden to bear.
If you’re looking to avoid such an unfortunate outcome, protect your rights, and get the compensation you deserve, contacting a New York city auto accident attorney is a must. If you’re looking for a skilled and experienced lawyer to take up your matter, then Gabriel Law is here to help. Schedule your free and confidential consultation with us and take the first steps to recovery.
