Advice for Keeping Your Teen Driver Safe on the Road
Everything You've Ever Wanted to Know About New York No-Fault
The "New York Comprehensive Automobile Insurance Act," which most people call the "no-fault statute," was enacted in 1973 and went into effect the following year. The purpose of the law was to limit the amount of personal injuries claims for car accidents, as many politicians had this agenda on their platforms.
The no-fault statute was groundbreaking in that it provided for immediate payment for medical care, lost earnings and other reasonable out of pocket expenses incurred as a result of injuries from a motor vehicle accident. The law provides that these expenses must be paid up to $50,000 per person. These payments are what's known as "first party benefits" or "basic economic loss." The reason it's called no-fault, is that these payments are made regardless of fault. If you lose control of your car and drive into a tree, you still get these payments.
If your medical bills, lost earnings and/or out-of-pocket expenses total more than $50,000, you can still sue the party that caused your injuries for these additional amounts (as well as for pain and suffering.) If your injuries are "serious" and caused by the negligence of another, you can still bring an action. No-fault does not cover property damage, so you still need to sue for damages to your car unless you carry "collision" or "full coverage" for your vehicle.
WHO IS COVERED?
"No-Fault benefits are provided for economic loss arising out of the use or operation of a motor vehicle (Insurance Law Section 5103). Section 5102 defines motor vehicle as "all vehicles driven upon a public highway accept motorcycles." One might imagine that motorcycles were intentionally excluded due to the frequency of accidents, which would have rendered motorcycle insurance much too expensive.
You are covered by no-fault insurance and thus what the statute calls a "covered person," if you are the policyholder, a driver or a passenger in the vehicle or a pedestrian that is injured by the operation of the vehicle. If you are not the policyholder and the car's insurance is not in effect, you would be covered for the "first party" no-fault benefits under any car insurance policy in your household. For example, if your adult child in your home owned a car, it would cover you. If there is no "household car," there is a state fund called the "Motor Vehicle Accident Indemnification Corporation" (MVAIC) that would provide "no-fault" benefits.
There are some exclusions you should be aware of. First off, there must be an accident. No-fault benefits will not be paid if an injury is caused by an intentional act. Most insurance policies disclaim intentional acts, no-fault and other types of claims. For example, you would not expect your homeowners insurance to pay for damage caused because you didn't like your carpet anymore so you poured ink on it. Similarly, if somebody intentionally rams into your car, the insurance will not cover the loss. Luckily, things like this don't happen very often!
You are also not covered if you are in "the course of your employment." This applies, for example, if you are driving a taxi, you are working as an attendant in an ambulette or you are on a sales call. In most cases worker's compensation will pay somewhat similar benefits which will be covered in another article.
If you are the driver, and you are driving under the influence, no-fault benefits will not be paid for you, but will be paid for passengers or pedestrians that you injured. Not surprisingly, if you are injured while committing a crime or when seeking to avoid law enforcement authorities, no benefits will be paid. Coverage will also not be afforded if you are operating a vehicle known to be stolen.
So, the plus side of "no-fault," is that you are automatically entitled to payment for medical expenses and many other things if you are involved in a car accident, except for the exclusions discussed above. The downside is that in order to have a "tort" claim for negligence against the operator that caused your injuries, you must have what the law defines as a "serious injury." I'll explain this in more detail later in this article.
WHAT DO YOU GET IF YOU'RE COVERED?
Insurance Law Section 5102 defines it as $50,000 per person for:
All necessary expenses incurred for medical and related services, therapy, certain non-medical treatment by an accepted religious method, and other professional health services so long as their occurrence was ascertainable within one year of the injury;
Loss of earnings and reasonable and necessary expenses incurred in obtaining services in lieu of those such persons would have performed for income, up to $2,000 per month for up to three years;
All other reasonable and necessary expenses incurred up to $25 per day for not more than one year following the accident.
The first paragraph outlines the types of medical treatment that are covered. Non-medical treatments can include acupuncture and some other holistic therapies, but I wouldn't take a risk pushing for "religious" treatments that are not widely recognized. The benefits paid are on a "fee schedule," and treating medical professionals cannot charge a higher fee, making it a challenge to find doctors willing to accept no-fault payments. Most chiropractors and physical therapists gladly accept it, but specialists such as orthopedic doctors, neurologists and plastic surgeons can be hard to find.
The second paragraph allows for payment for provable lost earnings due to an accident. If you are self-employed you can submit your tax returns to show a loss of income. You generally need to provide three years of tax returns - two prior years showing what you usually earn and the year the accident occurred showing that you made less. If you need to hire somebody to replace you temporarily, such as somebody to drive your taxi when you own the medallion, the amount you are paying for the replacement driver can be reimbursed. Obviously, if you are working "off the books," you cannot make a claim for lost earnings benefits.
The third paragraph offers a small amount of money which is usually used for reimbursement for taxis to medical treatment and similar costs. You can also be reimbursed for household help if you are unable to care for your children or take care of your home (but only $25 a day.) There is an option to purchase an additional $25,000 after the $50,000 is exhausted, but very few people elect to buy this additional coverage. Your no-fault insurance benefits will, under some circumstances, even cover you for accidents that occur in other States.
TIMETABLE
A no-fault application must be submitted to the insurance company within thirty days of the accident. All claims must be submitted within 180 days of their date of service. Most insurance companies will pay benefits promptly. Issues can arise pertaining to the adequacy of the proof provided, which may delay payment. The insurance companies will sometimes claim that treatment is not medically necessary and deny payment, in which case the doctor can arbitrate this denial or sue the insurance company for payment of their bills. It is worthwhile to treat with medical professionals that are willing to do these arbitrations, rather than ending up responsible for payment, or with a lien on your case, should the insurance company refuse to pay. The insurance company also has a right to have you seen by doctors that they hire to determine whether your treatment is necessary. Eventually, as your injuries improve, the insurance company's hired doctor will "deny" your medical treatment as no longer necessary, which can also be arbitrated or litigated by the medical professional treating you.
HOW DOES NEW YORK LAW DEFINE "SERIOUS INJURY?"
The "serious injury" threshold is defined in §5102(d). Damages for pain and suffering are recoverable only if the claimant sustains injuries which result in:
Death; or
Dismemberment; or
Fracture; or
Significant disfigurement; or
Loss of a fetus; or
Permanent loss of use of a body organ, member, function or system; or
Permanent consequential limitation of use of a body function or system; or
Significant limitation of use of a body function or system; or
Medically determined injury or impairment of a nonpermanent nature, which prevents the injured person from performing substantially all of the material, acts which constitute such person's usual or customary activities for not less than 90 days during the 180 days immediately following the occurrence or injury.
The first two categories above are obvious. Fractures show up on x-rays and will always meet the serious injury threshold, no matter how minor they are. A hairline fracture of the left pinky toe will suffice, even if no treatment is required and there is no disability. Significant disfigurement is less clear cut. Usually the issue is cuts and abrasions on the face or other visible parts of the body that result in "scars" and whether or not the remaining marks are actually disfiguring. Case law explains that the scar must be so unattractive that the person is a target of "pity and scorn." A mark that has to be "pointed out" will not meet the threshold.
With loss of a fetus, it must be proved that the miscarriage was actually caused by the accident. It would not be believable to claim that a miscarriage was caused by a minor impact, especially if the woman did not immediately seek medical treatment for any injuries and lost the baby a month later.
The "permanent loss" and "significant limitation" sections was intended to cover paralysis or other severe losses of use, but has grown to include much less severe impairments such as ligament tears and herniations of the neck and back. There must always be objective evidence, such as MRI's and doctor's report to back up these claims, subjective claims of pain are never enough to meet the serious injury threshold.
The threshold is met when an injured person loses more than 90 days of work due to their injuries. The time out from work does not have to be immediate and does not have to be consecutive. For example, a person could be out of work for a month after an accident, try going back to work, be out again, go back, have surgery and then be out again to recover. As long as it totals more than 90 days out of the first 180 days, it meets the serious injury threshold as long as a doctor certifies that you were indeed unable to work. It is not impossible, but much more difficult to qualify under this prong without a full-time paying job, but there are some circumstances where it might apply. For example, a homemaker with small children might be unable to provide care and need to hire childcare for her children, losing 90 out of 180 from her usual activities.
Here's What You Must Know About Social Security Disability Insurance Law
If your medical condition prevents you from taking a job or find employment, you might be eligible to get disability benefits under the Social Security Disability Insurance Law. To qualify for Social Security Disability Insurance (SSDI), the Social Security Administration has set up a few norms.- The person cannot work as before
- The person has a condition, usually physical disability, which prevents him in engaging in profitable activities to earn a living.
- The disability is expected to last at least for a year or has been the same for more than a year.
- The person has a disability that can eventually result in death
- The person cannot take up or adjust to a job, because the medical condition makes it hard to do so.
It might be confusing for people to understand if they qualify for SSDI benefits, which is why many choose to get in touch with a lawyer. As for the amount paid, it largely depends on the average of past earnings of the person. As for 2017, the monthly disability payment on an average was $1171, with maximum benefit reaching about $2,687.
When to seek legal help?
Thanks to the formalities involved, one can be denied SSDI benefits, and such cases are not uncommon. In fact, legal experts and lawyers can solve the issue for you. The first step is to understand if you are actually eligible to get the benefits under Social Security Disability Insurance Law. Your lawyer will explain everything in detail, following which the follow steps are to be taken.
- Completing the application. The paperwork involved in Social Security Disability Insurance Law application can be complicated at best. Many people are not sure of how to go ahead, which is why they seek legal expertise on the matter. The lawyer's team can ensure that the trail of papers is completed as per requirements.
- Assistance with the reconsideration. Applications are often rejected, as mentioned earlier, and if that has occurred, do not panic or lose hope. Talk to your lawyer, who can file a request for reconsideration. Do not delay with the step, because the reconsideration request must be filed within 60 days after the first application is rejected.
- The third step is about Administrative Law Judge Hearing, which is required when the request for reconsideration is denied, as well. Another application will be moved by your lawyer before an Administrative Law Judge.
If your lawyer is competent, you can win the case in your favor in no time. It is important that you choose the right attorney for Social Security Disability Insurance Law application and follow-up procedures, if required. Take your time to evaluate the legal services available, and don't shy away from asking relevant questions. Keep in mind that your lawyer can save considerable time and money, and their payments are usually linked with the services they provide. Ask for references and meet your legal team in person before taking the final call on moving an application.
Advice for Keeping Your Teen Driver Safe on the Road
Although it seems like the day would never come, your baby is now a teenager, and soon to be a licensed driver. Road safety is a vital part of drivers' education, and the lessons shouldn't stop once your teen is officially licensed to drive. It is important to instill as much knowledge about driving and road safety in order to protect your loved ones from devastating motor vehicle accidents. Continue reading to learn some important tips you should be teaching your adolescent about driving safe.Car accidents are not just physically devastating; they can also be financially and emotionally distressing, and render life-long damages. Hospital bills, medical expenses, lost wages, permanent disfigurement, prolonged physical therapy, and even wrongful death are just a few consequences that can result from a shattering car crash.
There are 3 "don'ts" that all drivers should follow, regardless of age or driving experience. By following these practices, you can help to ensure your safety and the safety of others when driving on the road. These three "don'ts" include no speeding, no tailgating, and no distractions.
No Speeding - Although vehicles are designed to reach high speeds, this does not mean you should ever achieve such speeds when driving. Teach your teen to always obey the speed limit so that they are always more in control of their vehicle. Speeding can cause a driver to lose control and collide into trees, structures, or other vehicles. This can jeopardize the safety of your teen, as well as other drivers. In fact, you may want to encourage your teen driver to stay clear of the "fast lane" on highways to avoid speeders and aggressive drivers.
No Tailgating - Tailgating is a form of aggressive driving, whether you are irritated at the driver in front of you, or just late for school. It is conduct that can cause serious accidents at high speeds. At lower speeds, tailgating can result in destructive fender-benders, which can cause serious neck and head injuries like whiplash. Teach your minor to keep a safe distance between vehicles at all times.
No Distractions - Teens (and adults) have phones, music, mirrors, and all sorts of other distractions with them in their vehicles. Be sure to teach them that it is unacceptable to text and drive, or take your focus off the road for even a few seconds. Instill in them that driving should be their top focus and only priority; not checking emails or social media, putting on lip gloss, or changing the radio station. Accidents happen in a matter of seconds.
In contrast to the "don'ts", there are also 3 "do's" that are just as important. These include signaling, staying away from aggressive drivers, and keeping your car interior clean.
Always Signal - Turn signals and hazard lights are not optional. They are vital to safe driving because they let other drivers and pedestrians know what your intentions are on the road. Accidents happen all the time because drivers fail to use their turn signals when changing lanes or turning into a parking lot. Be sure to teach your teen driver to always use their turn signals.
Always Avoid Aggressive Drivers - Examples of aggressive drivers are those who speed, tailgate, cut drivers off, switch lanes often, attempt to provoke other drivers by revving their engines, drive angry, or attempt to fuel a conflict. These kinds of drivers are incredibly dangerous and teens need to know to stay away from them at all costs. If they see an aggressive driver, teach them to not react and to safely change lanes or pull over to get away from them.
Always Keep Your Interior Clean - This piece of advice may sound silly considering the inside of a car doesn't seem to influence driving safety, but it does. Garbage can accumulate in a vehicle, and potentially become a driving hazard. For instance, a loose water bottle can roll underneath the brake pedal and cause a driver to have a serious accident. Even dust and lent can cause safety issues if drivers have an allergic reaction, such as watery, itchy eyes or violent sneezing. A few sneezes can certainly jeopardize a driver's alertness on the road.
Was Your Teen Negligently Hurt in a Car Accident?
If your teenager was recently involved in a car accident that was no fault of their own, and they suffered injuries as a result, it is strongly encouraged to contact a seasoned car accident injury lawyer for professional advice regarding your rights to being compensated for your family's incurred damages and losses.