Insurance is Not Always Assured

Considering the fact that New York law requires all auto insurance policies to include both no-fault and uninsured/underinsured motorist provisions, you might think that if you are injured in an auto accident, your insurance company has you covered one way or another. Not so. The New York State Trial Lawyers Association, which includes New York auto accident attorneys, recently reminded motorists of what it calls traps in insurance regulations that could lead to denial of coverage for injured drivers, passengers and pedestrians.

No-fault coverage requires an insurance company to cover the individuals it insures for medical expenses, lost wages and other accident-related costs — no matter who is at fault. However, specific steps must be carried out in order for such claims to be payable, and strict timing standards must be met:

• You must send a Notice of Accident form to the insurer of the vehicle you were in within 30 days of the accident. This timeframe is especially challenging for pedestrians, who are required to send the notice to the insurer of the vehicle that hit them — information they may not have until weeks after the accident.

• If you wish to file a claim for lost earnings, your employer must send proof of your wages, disability and lost income to the insurer within 90 days of the accident.

• If neither you nor anyone in your household is covered by auto insurance, and you were a pedestrian hit by an uninsured or unidentified driver, you may be covered by the New York Motor Vehicle Accident Indemnification Corporation (MVAIC) — but the MVAIC also has strict requirements and timeframes for reporting and filing.

Also, when it comes to your uninsured/underinsured motorist coverage, be forewarned that you may only be able to collect if the other driver is found to be at fault for the accident.

Above all, if you are in a car accident, always seek the advice of a New York car accident lawyer immediately. The experienced and knowledgeable attorneys at Rich & Rich, P.C. will help you navigate auto accident laws from start to finish.