Buffalo, NY asked in Personal Injury and Car Accidents for New York

Q: I was walking across a parking lot and was hit by a slow moving car.

I was checked out at the hospital and I'm okay but can I get reimbursed for my hospital expenses by the person who drove the car?

2 Lawyer Answers
Daniela F. Henriques
Daniela F. Henriques
PREMIUM
Answered
  • Personal Injury Lawyer
  • New York, NY
  • Licensed in New York

A: Yes. Under New York insurance law, a pedestrian is entitled to receive no-fault benefits from the vehicle that struck said pedestrian, up to (typically) $50,000 that would cover medical expenses, including ambulance service, hospital/emergency room service, medical providers, radiology, surgery, etc. In addition, if said pedestrian suffered a disability as a result of his/her injuries and is unable to return to normal duties at work, as part of the no-fault benefits, said pedestrian would be entitled to loss wage reimbursement from the insurance carrier. Note, typically, one can locate the identity of the insurance carrier on the police accident report (look for a 3 digit insurance code to the right hand side immediately under the “owner” information of the vehicle). The time to file a timely no-fault application with the insurance carrier for the vehicle that struck said pedestrian expires 30 days after the accident. Also, important to note, that typically all medical bills or other items seeking reimbursement, must be submitted to the insurance carrier for consideration within 45 days of the date of service of such treatment.

Regulation 68 requires that "in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation."

You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car 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 there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).

Source: http://www.dfs.ny.gov/consumer/faqs/faqs_nofault.htm

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Ms Henriques has given a complete answer. however under NY law if you owned a vehicle or lived with a relative that did that had insurance you may be covered under that policy first--so I'd check with them, but if you don't have a car and don't live with a relative that does, then the other person's insurance. But why not call Ms. Henriques and chat dicrectly?

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