No Fault and Workers Compensation in New York State
What if I am involved in a car accident in New York State?
NYS is a No-Fault state. That means that each driver’s own insurance company is responsible for paying for any medical bills related to an injury that occurred from a motor vehicle accident, regardless of who was at fault. The No-fault insurance should be billed primary to health insurance for all visits that are related to the accident.
More information on filing No Fault claims can be found below.
New York Insurance Regulation 68 stipulates that the notice of a No-Fault claim must be submitted within 30 days of the accident, and medical bills must be submitted within 45 days.
You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver). If you do not know if the vehicle was uninsured, you may file a claim with the insurer of a household family relative who had an auto policy at the time of the accident. If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), web site www.mvaic.com or you can contact them by telephone at (646) 205-7800.
If you were a Pedestrians/bicyclists, you should provide the insurance of the vehicle that struck you. If you do not know the vehicle that struck you or if the vehicle was uninsured, you may file a claim with the insurer of a household family relative who had an auto policy at the time of the accident. If that information is unavailable, you make be able to seek coverage through MVAIC. web site www.mvaic.com or you can contact them by telephone at (646) 205-7800.
If you are the operator or passenger of a motorcycle involved in an accident, you are excluded from No-Fault benefits. If you were a pedestrian struck by a motorcycle, you should file a claim with the insurer of the motorcycle. If it is not insured, then you may file the claim with the insurer of a household family relative who had an auto policy at the time of the accident. If there was no auto policy in the household, you should file a claim with MVAIC. web site www.mvaic.com or you can contact them by telephone at (646) 205-7800.
All injured parties are required to submit an NF Application (NF2) and Assignment of Benefits form (NFAOB).
Workers' Compensation
If you are injured while at work your medical bills may be covered under Workers Compensation. You should file a report with your employer. Your employer should provide you with the Insurance carrier name, mailing address and the claim number.
Workers Compensation insurance should be billed primary to your health insurance for all visits related to your work-related accident.
More information about workers compensation and your rights can be found on the NYS Workers Compensation Board website https://www.wcb.ny.gov/.
