New York is a no-fault state, meaning every vehicle owner is required to have Personal Injury Protection insurance, also known as no fault insurance. This insurance covers victims of an accident regardless of who is at fault. To assist with these types of claims, New York introduced the MVAIC, or the Motor Vehicle Accident Indemnification Corporation.
What is the Motor Vehicle Accident Indemnification Corporation?
These individuals must file a claim with the Motor Vehicle Accident Indemnification Corporation, or MVAIC, after an accident. New York established this fund over 50 years ago to help eligible individuals with bodily injury and no-fault coverage.
A person is eligible for coverage under this program when the accident occurred within New York state. The victim must be a resident of the state when the accident occurred, although there are some exceptions for individuals who are not residents at the time of the accident.
The MVAIC exists for those who are uninsured at the time of an accident. Since no fault laws require drivers to file a claim with their insurance company first, those without it can use the MVAIC.
A person who wishes to file a claim with MVAIC needs to report the accident to law enforcement within 24 hours. If the accident was a hit-and-run, the victim has 90 days to submit a Notice of Intention if they plan to file a claim. When the owner of an uninsured vehicle has been identified, the victim must submit this Notice of Intention within 180 days.
How to File an MVAIC Insurance Claim
To file an MVAIC claim, the victim must first file a Notice of Intention. This may be done through MVAIC or the victim may go through their insurance company. When completing this form, the victim must include certain details.
This form must provide a description of the accident and any injuries the victim sustained. It must also list any expenses related to the accident. If the victim knows the names and addresses of other people involved in the accident, they share it in this form. In addition, if they were denied coverage, they need to detail this on the form.
They then submit this form along with the police report, an NF-2 or Application for Motor Vehicle No-Fault Benefits, and a Household Affidavit.
When completing the NF-2, the victim must include a description of the accident and the injuries they sustained. The victim must also list the names and addresses of doctors and facilities where they received treatment and the total for all medical bills relating to the accident.
As the victim may not know the total amount of the bills due to ongoing treatment, they can provide an amount they expect to pay for treatment. The household affidavit simply provides information about where the victim lives and who resides in the household with them.
Timeline for Claims
Once the MVAIC receives this documentation, it opens a case file. An eligibility review takes place, and the victim may be asked to sit for an interview with an MVAIC claims examiner. The victim is then notified whether the application was confirmed or denied.
When to Hire an Attorney After an Accident
Speak with an accident attorney before filing an MVAIC claim. Not only can a lawyer help submit forms, but they can also represent victims in court if a lawsuit if filed. Every person needs a support system following an accident, and an attorney becomes crucial in order for victims to get the best results.