Reopening Your No-Fault Claim

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Can You Reopen Your No-Fault Claim?

By Philip L. Franckel, Esq.

Can your no-fault claim be reopened after a denial?

First, what is a no-fault claim?  A no-fault claim exists when an injury is caused by the use of a car.  There are many case decisions concerning exactly what the use of a car is.  For instance, you may have a no-fault claim when you are injured while you are entering or exiting a parked car.

A no-fault claim has several different types of coverage including payment for medical treatment, medical devices and drugs; household help; and lost income.

No-fault claims in NY cannot be settled and thus, always remains "open". The no-fault insurance company will usually deny further benefits after a period of time, but this is a unilateral denial which can be reopened through arbitration or court litigation.

Unfortunately, arbitrating or litigating a no-fault denial prior to settlement of the personal injury claim can result in devastating consequences for the personal injury claim.

In quite a few cases, when a doctor recommended surgery, I have successfully forced the no-fault insurance company to reverse the no-fault denial without having to resort to arbitration or litigation and without endangering the personal injury claim.
 

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