Legal Question in Insurance Law in New York

Priority of payments for auto accidents in NY

I would like to know where to go to receive compensation of my medical bills. I was involved in an accident as a passenger. I own my own vehicle which is insured. Who is responsible for my medical payments? The vehicle I'm in or my own insurers? The accident happened in the state of NY. The vehicle I was a passenger in was also insured, but through an Insurer in Canada.


Asked on 11/12/03, 9:38 am

1 Answer from Attorneys
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Priority of payments for auto accidents in NY

Although you should file with both your own automobile insurance company (not your health insurance) and the insurance company for the Canadian car, the Canadian insurance policy is likely to end up providing your benefits. Any owner driving a vehicle in New York submits to jurisdiction in New York and subjects him or herself to laws of this State which require "no-fault" insurance protection. By filing with both companies, your company will put pressure on the Canadian company to recognize those provisions. Of course, your lawsuit against the person who caused the accident is also controlled by New York law and jurisdiction is provided over the person who lives in Canada by operation of New York statutes. If you wish to discuss this matter further you may communicate with my office to arrange for a free consultation.

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Answered on 11/12/03, 10:16 am


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