Walker & Mackenzie, P.C. • Attorneys at Law


If you are injured in a car accident, you can file an insurance claim for No-Fault benefits regardless of who is at fault for the happening of the incident. No-Fault benefits protect drivers and passengers of motor vehicles as well as bicyclists and pedestrians. These benefits are mandatory for all New York State insurance policies.

No-Fault insurance benefits include reimbursement for:

  • Medical treatment. Bills for medical treatment provided by hospitals, doctors, therapists, and other treating providers should be submitted to the No-Fault insurance carrier within 45 days of the date of service.
  • Lost wages. If you are unable to work following an accident, No Fault will reimburse 80% of your wages up to $2,000 per month.
  • Other reasonable expenses. Other expenses such as transportation, cleaning services, and childcare can be reimbursed through the No-Fault carrier.

In order to receive reimbursement for the above expenses and losses, you will need to file a No-Fault application with the insurance company of the car that you occupied at the time of the car accident. If you were a bicyclist or a pedestrian at the time of the incident, you will need to submit the No-Fault application to the insurance carrier of the other vehicle involved in the incident. In some circumstances, you may be required to file a claim with your own insurance company even if you were not driving or occupying your vehicle at the time of the incident.

Contacting the legal team at Walker & Mackenzie, P.C. as soon as possible following your Long Island motor vehicle accident will ensure that your No-Fault application is promptly submitted with the correct carrier.

Your Lost Wage Claim:

Basic No-Fault benefits can cover up to $2,000 per month or 80% of your lost wages (whichever is less) for up to three years after your motor vehicle accident. Your policy may have additional benefits that will allow for these limits to be increased. Our experienced team will review your policy to ensure that you receive all benefits that you are entitled to.

If you are claiming lost earning as a result of the accident, there are several documents that you may be required to submit within 90 days of your lost time from work in order to validate your lost earnings claim:

  • A disability note from your treating provider
  • Proof of employment at the time of the incident
  • Verification of wages from your employer, or a verification of self-employment if you were self-employed at the time of the accident. You may be required to submit tax returns in order to prove your claim.

Typically, your insurance carrier will work to verify the necessary information with your employer directly, however, delays on the part of the carrier or your employer will affect how quickly you receive reimbursement for your lost wages. The attorneys at Walker & Mackenzie, P.C. are here to ensure that all necessary steps to establishing your claim are completed as promptly as possible.

In many instances, the benefits of No Fault Insurance do not adequately compensate victims of motor vehicle collisions. In order to file a claim for additional compensation, including pain and suffering, one must prove that he or she has been seriously injured as a result of the car accident. Article 51 of the Insurance Law defines “serious injury” as a personal injury which results in one of the following:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function or system
  • Permanent consequential limitation of a body organ or member
  • Significant limitation of use of a body function or system
  • Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

The dedicated team of personal injury attorneys at Walker & Mackenzie, P.C. are experienced in evaluating the claims of car accident victims to determine whether or not a personal injury action should be commenced against the negligent driver in order to fairly compensate the injured person for his or her pain and suffering.

Contact the experienced car accident attorneys at Walker & Mackenzie, P.C. today for a free consultation to review all of the legal remedies available to you.