As a “no-fault” state, New York requires all vehicle owners to have Personal Injury Protection insurance, or PIP, to provide coverage for costs sustained after a motor vehicle accident. However, no-fault doesn’t address every scenario. For example, if you’re a victim of a hit-and-run accident, a pedestrian or cyclist struck by a vehicle or a passenger in vehicle involved in an accident but the owner is uninsured, you can’t file a traditional no-fault claim.
Another Option: MVAIC
Fortunately, there’s another way to be indemnified, or “made whole,” for injuries in special situations: filing a claim in New York’s Motor Vehicle Accident Indemnification Corporation, or MVAIC. For more than 50 years, this fund has provided bodily injury and no-fault coverage for eligible individuals.
- MVAIC Eligibility (when no other no-fault insurance exists)The motor vehicle accident occurred in New YorkNew York resident at the time of the accident (some exceptions for non-residents)No automobile insuranceNot the owner of the uninsured vehicleA passenger in an uninsured vehicle (unless the owner’s spouse)
- Important Deadlines
It’s important to meet certain MVAIC deadlines:
- Report accident to police within 24 hours or as
soon thereafter as reasonably possible
- Hit-and-runs: submit a Notice of Intention to file a claim within 90 days of the accident
- Uninsured vehicle’s owner is identified: submit a Notice of Intention to file a claim within 180 days of the accident
How to File an MVAIC Claim
There are several steps to filing an MVAIC claim beginning with, as stated above, filing a Notice of Intention either withMVAIC or through your insurance company. For this form, you’ll need:
- A description of the accident and your injuries/expenses
- Names and addresses of all those involved in the accident, if known
- Police report
- Denial of coverage, if applicable
Next, file an NF-2 – an Application for Motor Vehicle No-Fault Benefits, which requires:
- A description of the accident and your injuries
- The names and addresses of the doctors who treated you and the hospital where you were treated
- The amount of medical bills that you’ve had or expect to have because of the accident
And last, complete a Household Affidavit, which states where you lived and who lived with you at the time of the accident.
Once the MVAIC has these forms, a case file will be opened and an eligibility review begins. You might be interviewed by an MVAIC claims examiner as part of the process, and you’ll be notified if your application is confirmed or denied.
The days and weeks after a motor vehicle accident can be physically and emotionally challenging. An experienced personal injury lawyer can help you complete and file the MVAIC forms, as well as represent you if your application is denied.
Extra Help After a Difficult Time
Evan W. Kohn has more than 30 years of legal experience and understands the MVAIC process. More important, he will work hard so you receive the benefits you deserve. Se habla español. If you have been in an automobile accident and believe you might qualify for MVAIC benefits, contact our office today at (718) 409-5500 for a free consultation.