Getting a Recovery for Your Automobile Accident; New York Court Upholds 30 Day Rule on Reporting Accidents


New York’s highest court, the Court of Appeals, has upheld the rule that an injured client must provide to the insurance company within 30 days of the accidents.  This is necessary in order to get medical coverage under no fault.  See New York Presbyterian Hospital v. Country Wide Ins. Co.  (No. 216, October 13, 2011).

In this case the injured client was hospitalized for 7 days immediately after the accident.  He did not furnish the insurance company notice of the accident.  The insurance company first received notice of the accident about 36 days after the accident.  This occurred when the hospital sent its $48,000 bill to the insurance company for payment.

Although the hospital was timely in sending its bill (i.e., 45 days from the date of service), the insurance company had no obligation to pay because it did not receive notice of the accident within 30 days.

Therefore, it is clear that the 30 day rule will be applied strictly.  We have written previously about the 30 day rule.  An accident victim must hire an attorney immediately after an accident.  A client’s failure to file within the 30 days can result in the denial of all of his medical claims.

If you have been injured in an auto accident, please feel free to call me for a free consultation at 800-581-1434 or write to letters@seitelman.com.

Mark E. Seitelman, 10/14/11, www.seitelman.com.

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