Yesterday we had an initial interview of a parent regarding her son’s automobile accident which occurred 3 months ago. By reason of the parent’s delay we may have a problem in obtaining No Fault insurance benefits for the child for future medical expense.
We thought that this would be a good time to repeat some of the advice in our prior posts, “Hire an Attorney Immediately after an Autombile Accident” and “The 30 Day Rule in Automobile Accident Cases.”
It is imperative that an attorney be hired within 30 days of a motor vehicle accident because:
- there is a 30 day deadline in which to file for benefits under No Fault; and
- NYPD police precincts will hold an accident report at the precinct for only 30 days. After that 30 day period it will be a lengthy process to obtain the report from the New York State Department of Motor Vehicles.
Let us talk first about the 30 deadline for No Fault benefits. The deadline is very strict and unforgiving. The exceptions and allowable excuses for filing late are few. Often, the insurance company will mail a No Fault application to the injured client, and the injured client must return this within 30 days. A failure to file will result in the denial of benefits no matter how serious the injury.
On the second point, the police accident report is necessary in order to identify the proper parties and the insurance company for the filing of No Fault. Often, clients are either passengers or pedestrians, and they do not have the insurance information. This must be gleaned from the police accident report. If the NYPD report is not obtained within the 30 days there is the possibility that the client will not be able to file for his No Fault benefits within the mandatory 30 days.
We have handled thousands of auto accident cases. If you have been injured in a motor vehicle accident, please feel free to call me for a free consultation regarding your rights under No Fault at 800-581-1434 or write to email@example.com.
Mark E. Seitelman, 11/5/08, www.seitelman.com.