Key Takeaway
Court ruling clarifies MVAIC prima facie case requirements, emphasizing medical providers must prove NY residency and notice of intention filing beyond basic claim submission.
Medical providers pursuing Motor Vehicle Accident Indemnification Corporation (MVAIC) claims face specific procedural requirements that extend beyond simply filing paperwork. MVAIC serves as New York’s safety net for victims of uninsured motorist accidents, but obtaining compensation requires meeting precise legal standards. Understanding what constitutes a prima facie case is crucial for medical providers seeking reimbursement for treating accident victims.
The Second Department’s Appellate Term recently clarified these requirements in a decision that highlights common pitfalls in MVAIC litigation. This ruling demonstrates how even seemingly straightforward claims can fail when providers don’t establish all necessary elements of their case.
Jason Tenenbaum’s Analysis:
SK Prime Med. Supply, Inc. v MVAIC, 2015 NY Slip Op 51663(U)(App. Term 2d Dept. 2015)
“Although plaintiff’s witness testified that she had mailed the claim form to MVAIC and that the claim had not been paid, since plaintiff did not establish that plaintiff’s assignor provided MVAIC with proof that the assignor was a resident of the State of New York on the date of the accident and that a notice of intention to make claim form was submitted to MVAIC, plaintiff failed to establish its prima facie case”
The medical provider must also prove that Assignor was a NY resident and that a notice of intention was filed.
Key Takeaway
Simply mailing claim forms and proving non-payment isn’t sufficient for MVAIC cases. Medical providers must demonstrate their assignor’s New York residency status at the time of the accident and confirm proper notice of intention was filed. This decision reinforces that establishing a prima facie case requires meeting all procedural prerequisites, not just basic claim submission requirements.
