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Suffolk Office
1991 Union Blvd
Bay Shore, NY 11706
(631) 666-3300 |
Nassau Office
119 Jackson Street
Hempstead, NY 11550
(516) 489-3100 |
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Auto Accidents
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Each
year thousands of New Yorkers are injured in automobile accidents. They are
a major cause of spinal cord injuries, brain injury as well as the leading
cause of orthopedic injuries. In addition to the pain and suffering,
automobile accident victims often face large medical bills, lost wages as
well as other expenses. Motor vehicle accidents often involve complex legal
issues at times involving multiple insurance companies. Insurance companies
hire experienced attorneys in an attempt to minimize their exposure.
Likewise you should retain the Law Office of Gary S. Miller to protect your
interest and to insure that you are properly compensated for your injury.
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No Fault /
Medical Bills |
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In New York State when you are injured
in a motor vehicle accident, in most instances, the medical bills are
paid by the insurance company of the vehicle that you are in. If you are
a pedestrian, then the medical bills are paid by the insurance of the
vehicle that struck you. This is known as no fault coverage. However to
receive no fault benefits it is required that you file a no fault
application with the no fault insurance company within 30 days of the
accident. If you fail to file within 30 days of the accident, your claim
will most likely be denied.
The moment you are involved in an auto accident a number of time limits
begin to run. It is essential that you or your attorney understand all
the time requirements for filing of the various legal documents. Failure
to file within a deadline can have a devastating effect on your case and
in certain situations can bar a suit, and consequently any hope of
recovery. In New York State
the minimum amount of personal injury protection (PIP) no fault coverage is
$50,000. It is possible to purchase additional coverage for an additional
premium. It is important to note that an insurance company will not pay in
excess of there policy limits. Consequently, if the policy is only for
$50,000 the insurance company will not pay over that amount regardless of
whether all the bills have been paid or not. If the no fault coverage has
been depleted, then you should submit the unpaid bills to own private health
insurance company.
There are situations where medical expenses will not be covered under no
fault such as accidents that fall under workers compensation, motorcycle
drivers and their passengers or a driver whose alcohol or drug consumption
has led to the accident.
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Independent Medical
Exam (IME) |
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After you begin treatment for your
injuries that you have sustained in a motor vehicle accident, the no
fault carrier will inevitably send you for you an independent medical
exam (IME). You will be sent to a Doctor, or other healthcare provider
paid for by the no fault company. The official purpose of the
independent medical exam is to determine whether any further treatment
is warranted. Unfortunately this medical exam is too often used by the
insurance company as way to legally relieve the no fault carrier of
their responsibility to pay for further treatment. After an IME , your
no fault medical benefits will often be discontinued. If you require
surgery it is best to have the surgery prior to the IME since the
insurance company will often deny surgery after an IME. Likewise it is
best to have your diagnostic tests completed prior to an IME as your no
fault medical benefits may be cancelled after the IME.
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Uninsured /Underinsured
Claims |
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Many of the automobile accident cases
handled by this law firm involve accidents with vehicles that do not
have any insurance. Unfortunately, the same people that tend to cause
accidents, often tend not have insurance or when they have insurance it
is often inadequate to cover the loss that they have created.
Fortunately under New York State Law, if you are involved in an accident with an
uninsured vehicle, and the other vehicle caused the accident, your own
insurance company is required to cover the driver and passengers in your
automobile for personal injury sustained. Essentially, your own
insurance company will cover the bodily injury claim as if they were the
insurance company for the other vehicle. The amount of coverage depends
on your automobile insurance policy. The minimum uninsured coverage in
New York is $25,000 / $50,000. This means that if only one person is
injured, they may receive up to $25,000. If 2 people are injured, then
each can receive up to $25,000. If more then 2 people are injured, then
the most the insurance company will pay is a total of $50,000, with no
one person receiving more than $25,000. This is the minimum insurance
required by law, however your policy may provide substantially more
coverage.
Likewise your insurance policy may provide underinsured coverage in the
event that the other vehicle at fault had insurance, but not enough to
sufficiently compensate you and/or the passengers in your vehicle.
Unlike uninsured protection, this coverage is not automatic and requires
an additional premium.
To make a claim under the uninsured or underinsured provision of your
policy, you must put the insurance company of the vehicle you were in on
notice within 90 days of the accident. If you fail to notify them of
your intent to file a claim under the uninsured /underinsured provision
of the policy by the 90th day, your claim may be denied. |
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The Law Office of Gary S.
Miller
Can Be Reached |
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24 Hours A Day - 7 Days A
Week In Case of Emergencies
Pager: 631-695-2121
Email: GaryMillerLaw@aol.com |
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