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New York’s MVAIC Program can Pay Benefits when You are Injured and Uninsured

The Motor Vehicle Accident Indemnification Corporation (MVAIC) was established under New York Insurance Law Article 52 to pay benefits to people injured in car accidents in situations where no other insurance applies. Knowing whether or not to file an MVAIC claim after an accident can be confusing, and there are strict time limits and procedures that must be followed to be successful. If you don’t know what to do after an accident, it is very important to talk with an experienced New York auto accident attorney as soon as possible to make sure you take the proper steps to secure your claim.

When MVAIC coverage applies

Every driver in New York State is required to be covered under a bodily injury liability and property damage liability insurance policy, or to have self-insurance or post a bond that can pay for a car accident involving personal injury and property damage. Nevertheless, not every driver follows the law, and over 5% (about one in 20) New York drivers are uninsured. Normally when you are hit by an uninsured driver, you can make a claim under the uninsured motorist (UM) coverage on your own policy. But what happens if you are injured in an accident, and neither you nor the driver who hit you is insured?

MVAIC was created to cover expenses when no other automobile insurance is available. For instance, if you were injured as a pedestrian or bicyclist, and neither you nor anyone in your household owned an insured motor vehicle, then you can make an MVAIC claim. You can also make an MVAIC claim if you are injured as a passenger in an uninsured vehicle, assuming neither you nor your spouse were the owner of the vehicle. Other situations in which MVAIC coverage may apply include:

  • Your insurance coverage was denied or disclaimed by the insurance company
  • The car that hit you was stolen or otherwise operated without the owner’s permission
  • You were injured in a hit and run and cannot identify the vehicle which struck you

How to apply for MVAIC coverage

It is important to report the accident to the police within 24 hours of the accident in order to secure your rights to make an MVAIC claim. The next step is to file a Notice of Intention to File an MVAIC Claim, commonly known as an NOI. The NOI must be submitted to MVAIC within 180 days, or within 90 days in the case of a hit and run or unidentified vehicle. Other forms you may need to file include the NF-2, which is the application for no-fault benefits, and a Household Affidavit where you swear that no one in your household has automobile insurance.

MVAIC may send out an adjuster to investigate your claim or negotiate a settlement with you. MVAIC can pay up to $50,000 in no-fault benefits, and up to $25,000 per person injured in a New York car accident. As with any time you are dealing with an insurance company, having an experienced attorney on your side can help ensure that you get the full value of your claim to cover your medical bills and other important expenses.

Get Help with Your MVAIC Claim from Experienced Hudson Valley Car Accident Attorneys

If you have been injured in a car accident in New York and are unsure about the proper steps to take to make a claim, call an experienced personal injury attorney as soon as possible to protect your rights to file a claim. In Orange County and the mid-Hudson Valley, call Dupée & Monroe in Goshen at 845-294-8900.

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