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Nick Fortunato
Guest
What is the name of your state?What is the name of your state? New York
I am writing on behalf of my brother who resides in New York State. He was injured in an auto accident on 9/11/2003. He sustained a shoulder injury which meets the definition of a serious injury under New York State Insurance statute.
He has retained an attorney, however, his attorney may not be advising him correctly. Regulation 68 under New York State No Fault Law has a Reimbursement and Trust Agreement stipulation.
This stipulation states that the No Fault carrier, can recover all benefits paid to the first party in the event of a judgement or settlement. This description further states, the monies shall be placed in trust for the No Fault carrier.
My brother has shown this law to his attorney, and his attorney dismissed it as not being correct. My worry is that my brother may be liable for these first party payments down the road after the case is settled.
Could you please clarify the matter further? Your help is greatly appreciated!!
Sincerely,
Nick Fortunato
I am writing on behalf of my brother who resides in New York State. He was injured in an auto accident on 9/11/2003. He sustained a shoulder injury which meets the definition of a serious injury under New York State Insurance statute.
He has retained an attorney, however, his attorney may not be advising him correctly. Regulation 68 under New York State No Fault Law has a Reimbursement and Trust Agreement stipulation.
This stipulation states that the No Fault carrier, can recover all benefits paid to the first party in the event of a judgement or settlement. This description further states, the monies shall be placed in trust for the No Fault carrier.
My brother has shown this law to his attorney, and his attorney dismissed it as not being correct. My worry is that my brother may be liable for these first party payments down the road after the case is settled.
Could you please clarify the matter further? Your help is greatly appreciated!!
Sincerely,
Nick Fortunato