How to File A Claim for Your Injuries After Your Pedestrian Accident In New York
If you are a pedestrian hit by a motor vehicle in the state of New York, you are entitled to have your medical bills, lost pay and other incidentals paid for by the insurance company of the car you were in or that hit you (if you were a pedestrian or bicyclist). This part of the insurance policy is called Personal Injury Protection or no-fault insurance benefits. It is important to know, however, that you must file a no-fault insurance claim within 30 days from the date of your accident. After reporting your accident, you should also take steps to protect yourself in case you require further medical attention both now and later.
Filing a Claim
This is very important: Everything you submit to the no-fault insurance carrier, including all forms and correspondence, should be sent via certified mail, return receipt requested. Additionally, keep copies of everything in case you need to be able to prove you submitted everything on time.
You must also provide your no-fault information to anyone who treats you for your injuries and to your boss if you wish to receive reimbursement for lost wages. They must submit the bills to the No-fault insurance company within 30 days from the date of the treatment they rendered or any money they paid you for your lost wages
Giving notice means sending a letter to the motor vehicle owner’s car insurance provider. You only have to tell them that there was an accident at a specific date, time, and place, and that you were injured and that you are going to file a claim.
Once the insurance company receives your letter, they will typically send you a bunch of forms that you need to complete and return to them. These forms may be a release for medical records, hospitalization, etc.
You must submit your medical bills to the New York insurance company within 45 days from the date of service. Any bills for other necessary expenses related to your injuries must be submitted within 90 days. The New York no-fault insurance carrier is required to pay all medical bills within 30 days of receipt.
For Hit & Run and Uninsured Victims
If you have your own car insurance or reside with someone who does, you can file a claim with that insurance company. They must pick up the coverage for the hit and run or uninsured car. If you have more than the minimum insurance to cover other people (Bodily Injury coverage), you can purchase uninsured/underinsured coverage up to the limits of your bodily injury coverage to protect yourself and your family.
If neither you or anyone else in your household has auto insurance, The Motor Vehicle Accident Indemnification Corporation, (MVAIC) is an industry-supported fund that provides benefits to accident victims of uninsured and hit-and-run drivers.
To be eligible for the MVAIC program, you must be a resident of the state of New York; other eligibility requirements are different from those for a no-fault insurance claim.
You must report your hit-and-run accident to the police within 24 hours after the collision or as soon as practicable.
You must also file your no-fault claim with MVAIC within 30 days—and any claim for personal injury within 90 days of your accident in New York. To file an MVAIC claim you must submit the following to MVAIC:
1. Notice of Intention to Make A Claim
2. Application for Motor Vehicle No-Fault Benefits
3. Household Affidavit.
You may also be eligible to file a claim with MVAIC is you get a denial from an insured driver’s New York car insurance company. If that is the case, you must file your paperwork within 180 days from the date you received the denial.
Filing a claim after a pedestrian accident can be a complicated and confusing process, especially as many are also grappling with medical problems and doctor appointments related to the crash. One of the best things you can do to bring forward a successful claim is speaking with a knowledgeable personal injury and accident attorney who can help guide you through the process and bring things to a successful conclusion.
The team at Greenberg & Stein has handled all manner of personal injury cases in New York City, and we are standing by and ready to help. Our team has more than 75 years of combined experience handling all manner of accidents and injuries and can advise you on the legal options available to you following a crash.
Every case is different, but our firm is devoted to client satisfaction and offers personalized service, no matter how big or small the case. We firmly believe that no one should lose money due to medical bills, missed paychecks, or lost future employment opportunities due to an accident caused by someone else.
If you were a pedestrian injured in an auto accident, then call now to speak to one of our injury attorneys at Greenberg & Stein to discuss whether your case might qualify for additional compensation. Call us today at 888-411-3966 to schedule your free legal consultation.