Those of us who reside in New York know that the state has a no-fault statute relating to car accidents. The law was enacted several decades ago with an aim towards reducing litigation and toward expediting the payment of one’s legitimate medical injuries arising out of vehicle collisions. An experienced Hudson car accident attorney knows that the no-fault law applies to motorists, pedestrians, and bicyclists alike.
Article 51 of the New York Insurance Law, cited as the Comprehensive Motor Vehicle Insurance Reparations Act is what is commonly referred to as the “No-fault law”. Up to a certain monetary limit, one’s medical expenses, lost wages, and incidental costs are covered by the statute without needing an inquiry as to who was at fault in causing the accident.
Any person injured within the context of a motor vehicle accident is covered by the no-fault statute. Therefore, if a bicyclist or pedestrian was injured during the accident, their injuries may be covered. Only three requirements are necessary in order to bring the injuries within the purview of the no-fault law; the pedestrian or bicyclist must have come into physical contact with the vehicle, the accident must have occurred in New York, and the vehicle must be registered in New York.
Subsequent to the accident, a pedestrian or bicyclist should expect to receive no-fault paperwork from the insurance carriers that cover the motorists in the accident. Of course if the pedestrian has motor vehicle coverage too, contact should be made with that carrier because additional benefits may be available.
As with any case and/or claim, time is typically of the essence. Under the No-fault law, the application must be delivered to the carrier within thirty days from the date of the accident. This applies to all parties involved, not just the motorists.
The No-fault statute is complex and many attorneys find its language difficult. This is why you need an attorney experienced in dealing with the No-fault law and with personal injury cases in general. Experienced attorneys will guide you through the process, help you understand the law, deal with the possible pitfalls for you, and even help you receive compensation for pain and suffering. Moreover, the attorney may be able to get you additional recovery not covered by the No-fault statue, if allowable by law.
Remember that a No-fault claim is distinct from your other possible remedies. Other remedies may include holding other people, separate from the driver, accountable if they in some way contributed to the accident. Other responsible parties can be an employer, passengers, other pedestrians, and the vehicle owner if he or she was operating the car at the time. But at the same time know that accidents involving motorcycles and/or mopeds, and perhaps other circumstances, do not fall under the same rules. Such is another reason why contacting an experienced attorney is paramount.
The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County. Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents. Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.