What should I do if I have been in a motor vehicle accident and I have suffered an injury?

You must notify your insurance company that you have been in an accident as soon as possible. Personal injury protection, also known as No-Fault, is mandatory on every insured vehicle in New York State. No-Fault provides you with lost wage and medical payments, with certain limitations, up to $50,000 regardless of who is at fault for the accident. More coverage may be available if you purchased additional No-Fault coverage beyond the statutory minimum of $50,000.

A No-Fault application will be sent to you after you notify your insurance company of the motor vehicle accident. It is important to note that most insurance companies generally require you to fill out a no-fault application within 30 days from the date of the accident or the insurance company may deny coverage. If you do not have the application within 30 days, it is recommended that you write to your insurance company regarding the details of the accident and submit a copy of the police accident report.

If you were a passenger in another person’s vehicle, you apply for No-Fault benefits from the insurer of the auto in which you were riding. Also, your No-Fault benefits would come from the vehicle that struck you if you were a pedestrian or bicyclist. If you do not know the name of the insurance company, obtain a copy of the police report, and the insurance code on the report will give you the proper name. 

It is important to remember that No-Fault does not reimburse you for pain and suffering or any permanent disability as a result of your motor vehicle accident. In order to make a claim against another driver for damages beyond No-Fault, you will need to prove that you have met the serious injury threshold. If you believe that you are entitled to damages beyond No-Fault, it is strongly recommended that you consult with an attorney.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.