Under New York State law, the initial medical expenses, lost wages and other costs incurred by a Buffalo resident following injury in a motor vehicle accident are paid by the injured person’s own auto insurance company. The regulation requiring these payments is usually referred to as a No Fault law – meaning the injured person does not have to prove who was at fault for the accident before these initial payments are made. New York is one of only a handful of states that use a No Fault system for motor vehicle accidents.
Under certain circumstances, a person injured in a car accident may also pursue a personal injury lawsuit against the driver and owner of the vehicle that caused the collision. When this happens, one of the items the lawyers for the defense will usually want to examine in the No Fault file. The No Fault file consists of all the documentation kept by the injured person’s insurance company regarding their payments and the medical records provided to them. It also contains any documentation regarding bills that the insurer disputed and the results of any medical examinations conducted at the insurer’s request.
The defense usually wants to see this file to see if there is any information that supports their position that the injured person was not that seriously injured or that the injuries were caused by something other than the accident. Generally, the information in this file is required to be disclosed to the defense, although there are some exceptions.
If you have been injured in an auto accident and need legal advice, please feel free to call us at 716-542-5444.
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