Written Notice of Accident
In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses what qualifies as "timely written notice" of an accident beyond a No-Fault Application N-F 2 form, and the continuing hot topic of the examination under oath/independent medical exam no-show defense.
August 09, 2017 at 02:05 PM
24 minute read
The No-Fault Regulations, 11 NYCRR §65-1.1,1 provide, in pertinent part:
Conditions
Action Against Company. No action shall lie against the [Insurance] Company unless, as a condition precedent thereto, there shall have been full compliance with the terms of this coverage.
Notice. In the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the Company, or any of the Company's authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation.
This provision is commonly known as the “30 Day Rule” as it requires written notice of the accident and injuries within 30 days of the accident. Historically, the time to submit written notice was 90 days. See 11 NYCRR 65.12, repealed. However, as part of the comprehensive amendments to the regulations effective April 5, 2002, and in an effort to reduce fraudulent claims, it was shortened to the current 30 days.
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