What Is A No-Fault File And Why Do The Lawyers Want It?

by Friedman & Ranzenhofer, PC on July 13, 2011

in NY Insurance Issues

The initial medical and lost wage expenses associated with a Buffalo motor vehicle accident are paid under New York State’s No-Fault Insurance Law.  This law requires the vehicle owner’s insurance to pay at least the first $50,000 in medical and lost wage expenses for that vehicle’s occupants following a motor vehicle accident, regardless of who is at fault.

As a result, the victim’s medical provider and employer will be submitting various bills and reports to the No-Fault provider to receive payment, and – when a victim’s injuries are serious – the No-Fault provider will have an extensive record of the victim’s treatment as a result.  Also, it is not unusual for the No-Fault provider to have an injured person examined by a medical provider of their choosing to determine if treatment is actually necessary, and reports from those medical providers will also be in the No-Fault file.

Because the No-Fault file contains an extensive record of the victim’s treatment, the attorneys for the both the victim and the defendant in a personal injury lawsuit will usually want a copy of this file so that they can review its contents.  It can be a convenient way of double checking the information submitted by medical providers, obtaining a complete listing of all treatment, and confirming that no treatment providers have been inadvertently omitted when obtaining medical records.

{ 0 comments… add one now }

Leave a Comment