Gene Dueñas J.D.,P.C.

Se Habla Español

A personal personal injury lawyer

Helping Spanish and English speaking clients get the compensation they deserve for over 30 years.

Click here to learn more.

News from the Front: New York No Fault

After you have been in an accident in New York while insured with a company that does business in New York and you have notified your insurer that you have been injured and that you are seeking medical attention, the insurer will send you a form (NF2 form) that asks you about what happened, what your injuries are, who the doctors are that you are using and whether the accident happened in the course of your employment. If it was in the course of your employment, it is not covered by No-Fault, stop here. If the accident was not in the course of your employment, which includes when you are heading to and from your home to the job but does not include as working when you are making personal stops along the way to and from the job, then your medical bills for the medical assistance you receive arising out of the accident will, theoretically, be covered up to the first $50,000.00, which is known in the vernacular as Basic Economic Loss (BEL). Optional Basic Economic Loss (OBEL coverage) is available above the state mandated $50,000.00 minimum for medical attention or lost wages for an additional fee. One of concerns to note on the NF2 is the list of injuries you identify on the application for benefits. The rule, like classifying documents at the CIA, is if in doubt, list it. If you think you may have injured your hand but you believe it will get better with time and think you might as well leave it out, it is probably a better idea to identify the injury right off the bat. The listing of medical providers, also called for in the initial application, is more difficult. Since you may not have seen anyone beyond the hospital where the ambulance took you, you may have to leave that area blank. When the insurance company seeks to cut off your benefits and stop paying the medical bills, they will have to send you to the same type of provider that you are using to stop paying for that type of care. If you list a chiropractor they will have to send you to another chiropractor in order to justify cutting off coverage for chiropractic care for example. Therefore, who you list makes a difference.