Car Accident Victims

“Automobile No-Fault Law in New York”

If you are injured in an automobile accident, you have two different sets of rights:

You have a right to no-fault payments; and A separate right to sue for pain and suffering if you have a serious or permanent injury.

By law, every insurance policy in New York must provide for no-fault benefits of at least $50,000. The reason it is called “no-fault” is because it does not matter if you are 100% at fault when you are hurt in a car accident; it does not matter if you are the driver or passenger in an automobile, or if you are a pedestrian. So long as you are injured by a motor vehicle in New York and so long as it is not a motorcycle and you are not drunk or on illegal drugs, you are entitled to no-fault benefits.

However, there are strict requirements to obtain the no-fault benefits. Within thirty days of being injured, you must request and submit a no-fault application to your insurance company, or if the motor vehicle is uninsured from MVAIC. If you do not submit a no-fault application within thirty days, the insurance company can disclaim.

Once you apply for no-fault, the insurance company has a right to send you a doctor appointed by the insurance company who may find that you do not have need further medical care; if so, the insurance company will stop paying for you medical care unless you appeal that decision.

If you miss an appointment with a doctor appointed by the insurance company, that will give the insurance company an excuse not to pay your benefits. It is therefore very important to keep appointments with any doctors appointed by the insurance company.

Once that occurs, you are entitled to have no-fault pay your medical bills which are incurred by the accident. Doctors and hospitals and home health care providers, such as EnCare, who treat accident victims accept no-fault payments. Most doctors,hospitals and home health care provides will take an assignment of benefits so that you do not have to pay them, they will simply bill no-fault directly. You are also entitled to have your medications paid for, as well as household help, and car service if you are unable to travel by public transportation.

You must keep receipts and send them to the insurance company within thirty days. The submission of fraudulent receipts or inflated receipts is a crime.

In addition, you are entitled to get paid up to $1,000 a month for lost wages. Your employer will have to submit a form showing how much you earned and you are entitled to 80% of that amount, up to $1,000 a month, unless the car has additional no-fault, which is a topic for a different day. You may apply for no-fault so long as you are injured in a car accident, even if you are not legally in the United States, and you are also entitled to bring a claim for pain and suffering which is a separate claim.

If you are a passenger on a bus and there is an accident within the State of New York you are likewise entitled to receive no-fault benefits. If you do not own a car, the no-fault benefits will be paid by the bus company’s insurance company. If you own a car, or someone you live with owns a car, you may have to submit a claim for no-fault benefits to your own insurance company. In order to protect your rights, you should request a no-fault application from both the bus company’s insurance company and your own insurance company and let the insurance companies decide who will pay.If you are entitled to no-fault benefits and do not make a claim, your medical insurance carrier will refuse to pay on the grounds that you should have obtained no-fault benefits.

If you are involved in a car accident while at work, you may have to apply for workers compensation benefits first, instead of no-fault.

If you or a loved one is in need of care due to a car accident, call us. time is limited.


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  • I was a victim of a hit and run and suffered multiple trauma. It could not have come at a worst time. My husband had to work and my kids, who are in college, could not leave school to help out. But thanks to EnCare and their amazing staff, My husband did not have to miss work, which would have caused us financial hardship, and I recovered wonderfully under the care of my of nurses and aides.

    – JoEllen P., Howard Beach, NY

  • My wife and I were shopping when a car jumped the curb and hit us both. Luckily my wife just got away with some minor scratches and bruises, but unfortunately I wasn’t as lucky. I woke up with two broken arms and a broken ankle which made me non-weight bearing . I was in the hospital for two weeks and expressed that I would rather be home. I was given an agency other than Encare at the time and basically I was very unsatisfied with not only their services, but also the lack of other services I would have benefited from. I then called the hospital and asked about changing to another agency that would be able to accommodate me. That’s when I was referred to EnCare Home Care. It was the best phone call I ever made. The staff was friendly, caring and thorough. Not to mention, they provided every service I needed in my recuperation. I would recommend this agency to everyone. Thank you so very much for all you’ve done for me, EnCare. I really appreciate how you jumped right in and took over so quickly and easily.

    -Matthew K., NY, NY

  • My son was riding his bike on his way to school when he was struck by a truck. My poor baby suffered two broken legs. After his hospital stay, I then had to come to terms that he wouldn’t be able to attend school for some time and would have to be home. My problem was that I’m a single mom that works up to 50 hours a week. I was so worried that not only would I lose my job, but that I wouldn’t be able to care for my son properly. But thankfully, my son’s social worker at the hospital referred Encare for home care services. She then further explained to me that I would not incur any cost for these services. Not only did they help take care of my son, but they also assisted him with transportation to and from his orthopedic appointments. What helped a lot was that they provided in home physical therapy and sent a nurse for his wounds/pin care. I don’t know what I would have done without them. As a mother, I would like to personally thank Encare for providing these valuable services to the community.

    – Patricia W., Brooklyn, NY

  • “I was the victim of a violent crime. I would like to give thanks to EnCare for placing me in their long term care program. They have made it possible for me to remain in my home with dignity and pride.”

    – Shen W., NY, NY

  • “After my scaffolding accident, I was scheduled to be placed in a rehab nursing facility. Thanks to EnCare, I was able to obtain the therapies in the comfort of my home with my wife and children by my side. Much appreciated EnCare.”

    – Stanley T., Rosedale, NY

  • “I would like to thank EnCare for taking care of me after my car accident. The nurses were terrific and my aide was outstanding. I will never forget any of your staff. Being a widower, I was worried that I may be put in a nursing home for my recovery. But thanks to your company I was able to recover in my own home. Many thanks!”

    – Xavier L., Staten Island NY

  • “Muchas gracias por cuidar de mi cuando me rompi la pierna en el accidente. Maria mi ayudante era una persona maravillosa y agradable. Ella ayudo a cuidar de mi y mi familia y hasta me acompano a las citas con el medico. Gracias EnCare por sus servicios.”

    – Luz H., Brooklyn NY