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The Motor Vehicle Accident Indemnification Corporation (MVAIC) was created under New York’s no-fault insurance liability law to pay benefits to automobile accident victims who were injured by financially irresponsible or uninsured motorists. New York insurance and liability law is convoluted, and it is recommended that you seek the advice and assistance of an experienced attorney to guide you through the process.
Generally speaking, filing a claim through MVAIC is required if you were a pedestrian in an automobile accident, but neither you nor anyone in your household owned a vehicle at the time. MVAIC may come into play when any of the following apply to the vehicle which struck you:
The following steps briefly outline the procedure to file a claim for bodily injuries with MVAIC:
If the claim involves a hit and run driver, you should report the accident to the police within twenty-four hours or as soon as reasonably possible.
This form requires a description of the accident, including when and where it occurred, information on the vehicles and drivers involved, and a description of your injuries and expenses. You should have a copy of the Police Report to attach to this form, as well as a copy of the denial of coverage or disclaimer of coverage, if applicable.
Again list the date, time and place of the accident, describe how it occurred and how you were injured. You must also include the names of doctors or hospitals who examined or treated you, the amount of medical bills you have accumulated to date, and whether you expect to have further medical expenses.
This form requires you to state whether you were living alone or with others at the time of the accident. If you resided with other people, you must list their names and their relationship to you. This is a legal affidavit which must be signed in the presence of a notary.
MVAIC may follow up with you for further information based on the information provided. They may assign an adjuster to investigate the case or negotiate a settlement with you. It is recommended that you speak with an attorney beforehand or obtain a lawyer to represent you during this process.
Timelines to file the appropriate paperwork differ from 90 days to 180 days depending upon the type of accident and the vehicle involved. Failure to file the affidavit within the appropriate time frame can result in your claim being denied.
Some injured people may file a claim with their insurance company directly, rather than follow the MVAIC procedure, while others, such as pedestrians who do not own motor vehicles, must still file through MVAIC. Moreover, MVAIC only reimburses injured persons for certain types of bodily injuries in certain types of accidents.
It can be difficult to know what to do if you have been injured in an accident, and trying to get answers from MVAIC or your insurance company may not help to clear up the confusion. If you are injured in any type of accident in New York City, seek medical attention for your injuries, and contact Leandros A. Vrionedes, P.C. for legal guidance in recovering compensation for the damages caused by the negligence of another.