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James A. Meggesto jmeggesto@mcvlaw.com William W. Crossett, IV crossett@mcvlaw.com Gary J. Valerino gvalerino@mcvlaw.com Kimberly A. Slimbaugh kslimbaugh@mcvlaw.com Iman Abraham iabraham@mcvlaw.com

Areas of Practice

Personal Injury

Suffering a personal injury can have serious consequences in a person's life. Even what might appear to be a relatively minor injury initially can develop into a significant disability and may impair your earning capacity and rob you of the enjoyment of life.

If you have been injured as the result of someone else's fault or negligence, you have important legal rights that may be lost if you don't act promptly. Cases of personal injury especially through no fault of your own, are a time when legal advice is vital. We, at Meggesto, Crossett & Valerino, LLP, recognize that and have always shared our concern.

We never charge a fee for an initial consultation in a personal injury action and we stand ready to offer our assistance any time you have been injured.

You can call to schedule a no obligation free consultation if you or any member of your family has sustained an injury, even if you don't believe that it is a serious injury.

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Did You Know?

You only have 30 days to report an automobile accident to your No-Fault carrier to protect your rights to benefits.

New York No-Fault Coverage Claims Benefits

If you suffer a personal injury which arises out of the use or operation of a motor vehicle, then you are entitled to first party (No-Fault benefits) under the law. Such payments are due and payable without regard to fault for the happening of the accident.

Under the No-Fault Law, an individual is entitled to basic economic loss, regardless as to who was at fault to the happening of the accident, up to certain limitations. The basic economic loss is typically $50,000.00 total, per person, for all such losses arising out of a single incident.

Elements included in basis economic loss are medical care and related services, recovery of 80% of an individual’s actual lost earnings during a period of disability, up to a maximum benefit of 2,000.00 per month, other reasonable and necessary expensed and, if applicable, a death benefit in the amount of $2,000.00.

The responsible insurance carrier for paying the No-Fault benefit, is the insurance carrier for the vehicle which is being operated or occupied by the injured party, or the insurance carrier for the vehicle which strikes a pedestrian.

The terminology, "arising out of the use or operation of a motor vehicle", has been broadly construed by the courts. For example, you may be entitled to No-Fault benefits, if you are injured while getting in or out of an automobile, or removing an item from your vehicle.

A No-Fault claim must be filed with the correct insurance carrier in a timely fashion.

Recently, the regulations with respect to timely notice and filing of a claim were shortened. Therefore, notice and filing of the claim to the correct insurance carrier must be done as soon as possible. The failure to timely file notice in a claim, will preclude any recovery of first party basic economic loss benefits that you may otherwise be entitled to.

There does exist certain exclusions, which would preclude a recovery of No-Fault benefits from an insurance carrier. For example, an individual is not entitled to No-Fault benefits, if they intentionally cause their own injury or they are operating a motor vehicle which is known to be stolen.

The laws regarding No-Fault benefits are sometimes difficult to understand. You may be entitled to No-Fault benefits and not know it. Moreover, the time frame to file a claim is very short. The insurance carrier responsible to pay No-Fault benefits has no obligation to advise you whether or not you have a claim and when to file a claim.

To protect yours and your family’s interest, you should always consult an attorney, when injured, to determine your entitlement to No-Fault benefits.