REPORTING A MOTOR VEHICLE ACCIDENT TO THE DMV
Spring/Summer 2007
Have you been the operator of a motor vehicle involved in an accident occurring in New York State causing a fatality, personal injury or property damage in excess of $1,000? If so, then you are required by law to file a written report of the accident with the New York State Department of Motor Vehicles. The form you are required to complete is the MV-104 form and it should be provided to you by your insurance company after a reported accident. However, do not wait for your insurance company to provide it to you, as they often can’t be bothered and do not extend that courtesy. It is also available on the web at http://www.nysdmv.com.www.nysdmv.com.
If you are thinking that it’s no big deal whether you file this form or not, then think again. Failure to properly file an MV-104 form with the DMV within 10 days of the accident, is a misdemeanor. Although the NYSDMV rarely has the ability to ascertain a failure to file so quickly, eventually they will discover same and suspend one’s license and/or registration.
We submit that completing and signing the required one page form and mailing it to the NYSDMV in a timely manner, is a small price to pay in order to avoid committing a misdemeanor and creating a DMV headache.
So the next time you are the operator of a motor vehicle involved in an accident occurring in New York State that meets one of the three criteria mentioned above, or if in the past you were involved in such an accident, make sure you obtain and complete the requisite MV-104 form. If you have any questions about this topic or any other legal matter, please do not hesitate to contact our office.
LOST WAGE REIMBURSEMENT AFTER
A MOTOR VEHICLE ACCIDENT
Fall/Winter 2007
In the State of New York, if a person misses work as a result of medically substantiated injuries sustained in a motor vehicle accident, they may obtain lost wage reimbursement. Pursuant to the No Fault law, such a person may be reimbursed 80% of their lost wages or $2,000.00 per month, whichever is lesser, for a maximum of three years following the accident.
In order to pursue a claim for lost wages under No Fault, the claimant must file a properly completed No Fault Application (NF-2) with the No Fault carrier within 30 days of the accident. In addition, the doctor that deemed the claimant disabled from working, must forward a Letter of Disability directly to the No Fault carrier. Lastly, the claimant’s employer must complete an Income Verification Form and forward it directly to the No Fault carrier as well. If the claimant is self-employed, then in lieu of the Income Verification Form, they are usually required to provide the No Fault carrier with copies of their last two years of tax returns with schedules, among other things.
The claimant must also be aware of the fact that New York State Disability Benefits are primary to No Fault, for lost wage reimbursement. Therefore, claimant must also timely file a Notice and Proof of Claim for Disability Benefits. This is a two part form, wherein the claimant completes Part A and the doctor that deemed the claimant disabled, completes Part B. If this is not properly completed and filed, the No Fault carrier will deduct the amount of the disability benefits that claimant would have qualified for, from the amount that No Fault pays to the claimant.
If you have any questions about this topic or another legal matter, please feel free to contact our office.
We wish all of you peace, health and happiness for the Holiday Season and throughout 2008.
In order to pursue a claim for lost wages under No Fault, the claimant must file a properly completed No Fault Application (NF-2) with the No Fault carrier within 30 days of the accident. In addition, the doctor that deemed the claimant disabled from working, must forward a Letter of Disability directly to the No Fault carrier. Lastly, the claimant’s employer must complete an Income Verification Form and forward it directly to the No Fault carrier as well. If the claimant is self-employed, then in lieu of the Income Verification Form, they are usually required to provide the No Fault carrier with copies of their last two years of tax returns with schedules, among other things.
The claimant must also be aware of the fact that New York State Disability Benefits are primary to No Fault, for lost wage reimbursement. Therefore, claimant must also timely file a Notice and Proof of Claim for Disability Benefits. This is a two part form, wherein the claimant completes Part A and the doctor that deemed the claimant disabled, completes Part B. If this is not properly completed and filed, the No Fault carrier will deduct the amount of the disability benefits that claimant would have qualified for, from the amount that No Fault pays to the claimant.
If you have any questions about this topic or another legal matter, please feel free to contact our office.
We wish all of you peace, health and happiness for the Holiday Season and throughout 2008.
