New York No Fault Clause

State:
Multi-State
Control #:
US-OL25072
Format:
Word; 
PDF
Instant download

Description

This office lease clause describes the allocation of risks. The parties desire to allocate certain risks of personal injury, bodily injury or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks as permitted by law.

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FAQ

Under New York State law, you must file the no-fault application form within 30 days of your accident.

New York is one of the states that use no-fault laws. Basically, no-fault laws allow people who have been involved in an accident to be reimbursed for their losses by their own insurance company.

Within 30 days from receipt of verification requested to establish proof of claim, an insurer must pay or deny a claim, or make partial payment of any undisputed claim. Rather than issue a denial, since the insurer requested the medical examination as a request for additional verification of claim pursuant to N.Y.

Expenses that are covered by New York no-fault claims may include: The costs of medical treatment and doctors' visits. A portion of wages lost while the victim was too sick or injured to go to work, up to a certain amount. Medical transportation costs to and from medical appointments.

In a no-fault claim, the parties are not required to prove any party's blameworthiness to resolve the claim. In contrast, parties to a fault-based claim must prove a party was at fault to prevail on the claim.

The Comprehensive Motor Vehicle Insurance Reparations Act, more commonly known as the New York No-Fault Law, became effective on February 1, 1974. The law was enacted to provide prompt payment of health related expenses and wage loss of those parties injured as a result of an auto accident.

Exclusions From Receiving No-Fault Benefits Motorcycle riders. Motorcycle passengers. Owners driving their own uninsured vehicle. Owner's driving or occupying their spouse's uninsured vehicle.

Insurance companies in New York have 35 business days to settle a claim after it is filed. New York insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether to accept it, before paying out the final settlement.

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New York No Fault Clause