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No fault in motor vehicle accidents

by | May 24, 2021 | Barrie's Banter |

As a personal injury attorney, it is evident that people really do not know what “no fault” means.

It does not mean that fault does not matter, except in one category.

As discussed in a prior blog, when you are injured in a car accident, the car you are in pays your medical bills, time out of work and out-of-pocket expenses.  You must put the carrier on notice and fill out a no fault application in a timely fashion.

The “pain and suffering” is paid by the vehicle at fault.

So, back to no fault:

You may treat with any “provider” – meaning the provider of medical care, who accepts no fault. That really is just about everyone. When you call to make your appointment, you tell the person who answers the phone that this is a no fault case. They will know precisely what that means.

Depending upon your injury, you may want to be seen and treated by an orthopedist, neurologist, pain management doctor, chiropractor, physical therapist, massage therapist, acupuncturist.

If you have eye or teeth injuries, you should see providers in those specialties as well.

The idea is to get you back as close as you can to “pre-injury status” and so many people treat with providers of various specialties – so-called multiple modalities, in order to achieve that goal.

It is important that you let your providers know about any pre-existing conditions or prior accidents so that they can distinguish your current injuries from your prior issues. If you are making a “pain and suffering claim”, case law says that the medical provider’s records are not permissible in court if they do not know about priors. The opinions would be unreliable without a complete picture.

Remember, all consultations are free and my fee is contingent upon recovery.

Also, all information is given pursuant to the laws of the State of New York.

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