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No Fault Practice Group

Vinal & Vinal, P.C. has an active No-Fault practice. No Fault insurance covers lost wages and medical expenses incurred as a result of a motor vehicle collision or vehicle related injury.  We have a strong practice group devoted to No Fault arbitrations for law firms and medical providers in New York State. 

We get cases from other attorneys once the injury case is concluded and handle all No Fault issues.  In some instances we get cases from other attorneys while the injury case against the responsible driver is still pending where there will be no collateral estoppel issues.

We get cases from medical providers directly.  These can be arbitrated before the case against the responsible driver is concluded. 

If you are interested in having our firm handle your practice's No Fault issues, please call Jeanne Vinal at (716) 832-5900

No Fault Arbitrations vs. Using Regular Court System

There are pros and cons about each approach.

The main advantage of No Fault arbitrations over a regular court case is  

a.         Decreased Filing Fees

            No Fault filing fee is $40 and there is no fee for service, getting a judge assigned or other issue.

b.         Attorneys' fees, in most cases, are paid by carrier, not by provider or injured person.  Also, these are only due if successful.

c.         Interest is 2% per month from the date of filing and is usually paid whereas in regular court case, the interest is 9% from the breach and is rarely paid.

d.         There are no interrogatories or depositions so no need for doctor time or medical provider time before the final hearing.  Also, we generally use the medical records so that the doctor does not have to testify at the hearing. We often do request the injured person come to the hearing.

e.         Speedy Resolutions.

            We now have the capacity to get files out within three weeks or less of getting them in from the provider or law firm.  Upon submission approximately half settle within the reconciliation period.  For those that do not settle, it appears the arbitrations are generally scheduled within less than four months of submission.  Some then settle actually at the hearing.  The decisions, generally, are received by us within 30 days of the hearing.  Sometimes longer if the judge or parties request additional proof or argument be submitted post hearing.  The carriers generally do pay within 10 days of the decision or settlement.

 
Thus at best there is less than two months within getting the case and payment, and at worst, far less than a year between getting the file and getting paid. In a civil court action there are sometimes months between filing the summons and complaint and getting the answer with discovery demads.  Usually a civil action takes 2 -3 years to resolve.

Arbitration versus Collections

Again there are pros and cons of each.  Also, there are a variety of types of collection. However, the advantage of doing an arbitration with us versus going to a collection firm is

a.         In depth knowledge of No Fault versus general collection law.

b.         Attorneys' fees paid by insurance company versus paid by you.

c.         Speedier resolution generally.

d.         Focus of attack is against the proper carrier who did not pay versus against your patient.

e.         Insurance company has ability to pay whereas the injured person may not have the ability to pay.

Arbitrations Versus Lien on Injury

Again, there are pros and cons, but generally the advantages to a medical provider of arbitration versus lien are

a.         In arbitration, standard to recovery generally is whether the treatment was reasonable, necessary and causally related to injury.

            In an injury case, the plaintiff's attorney also has to prove the other driver was at fault and the plaintiff sustained a serious injury.

            Thus, even if the treatment is reasonable, necessary and related to the collision, the provider might not recover on the lien because the jury found the plaintiff was the cause of the collision.

b.         Wait period is required on a lien. The provider must wait until the law suit is finalized which can be 2 - 3 years away.  In an arbitration you can file immediately.

We can certainly file in Supreme Court or give a lien, but at this point for most people, we believe the most effective method is the AAA arbitration.

If you would like to discuss having Vinal & Vinal, P.C. handle the No Fault claims of your practice, please call either Greg or Jeanne Vinal at (716) 832-5900.

 

 

 

Attorneys located in Buffalo, NY, Vinal & Vinal, P.C. serve the Greater Buffalo Area,
helping their clients with personal injury, construction injury,
malpractice, product liability, contract law and litigation.

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Vinal & Vinal, P.C.
Attorneys at Law
193 Delaware Avenue
Buffalo, NY 14202
www.vinalLaw.com

phone: (716) 832-5900
fax: (716) 832-6735