Key Takeaway
New York court rules that exhaustive affidavits aren't needed to prove no collision occurred in no-fault insurance cases, establishing clear standards for prima facie evidence.
Understanding Prima Facie Evidence in No-Fault Insurance Disputes
In New York’s no-fault insurance system, healthcare providers often assign their rights to collect payment from patients to collection companies. These assignees then pursue insurance companies for reimbursement of medical services. However, what happens when an insurance company claims their insured vehicle was never involved in the alleged accident?
A recent Appellate Term decision provides valuable guidance on exactly what evidence insurance companies need to present when defending against no-fault claims by asserting no collision occurred. The case demonstrates that courts don’t require overwhelming documentation—just clear, specific facts that establish the insurance company’s position.
Jason Tenenbaum’s Analysis:
New Way Med. Supply Corp. v Dollar Rent A Car, 2015 NY Slip Op 51794(U) (App. Term 2d Dept. 2015)
An exhaustive affidavit is not necessary. The following is the requisite proof:
“2. Dollar vehicle was not involved in an alleged vehicular collision on June 18, 2011, a loss for which plaintiff’s assignor allegedly received medical treatment.
…
6. The claimant Jacen Adams (nor Adams Jacen) did not appear in any claimant name search. There are no records of an accident associated with said individual in Dollar’s system.
7. Secondly, Dollar is a self-insured entity and does not issue automobile policies to individuals or other entities.
8. Based upon the foregoing, I can attest with certainty that a Dollar vehicle was not involved in this particular vehicular collision on June 18, 2011, the loss for which plaintiff claims entitlement to No-Fault reimbursement.”
They said this is enough to prove prima facie no accident.
Key Takeaway
Insurance companies defending no-fault claims don’t need exhaustive documentation to prove no collision occurred. Simple affidavit statements confirming no vehicle involvement, no records of the claimant, and company status as self-insured can establish prima facie evidence sufficient to shift the burden back to the plaintiff.
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