No-Fault Collections – Litigation

New York No Fault Collection Lawyers

While it is possible to pursue compensation through means of negotiation and arbitration, this is often not possible or acceptable, and litigation becomes the best option for recovering payment. Choudhry and Franzoni Law Frimis highly knowledgeable in the law of No Fault Litigation and will do everything to obtain the results you desire.

In the event an insurance carrier refuses to settle at the amount you request we will take the matter to trial and oppose any issue an insurance carrier may raise. At Choudhry &Franzoni Law Firm we truly believe that No case is too big, or too small. Healthcare providers are entitled to recover for the vital services they have rendered.

The Advantages of Litigation

Unlike arbitration, litigation requires that the parties in a lawsuit follow the Rules of Evidence and Procedure. This requirement often works to the disadvantage of insurance carriers and dramatically decreases the likelihood of their success in litigation. As a result, insurance carriers are more inclined to settle claims in advance of trial for higher numbers.

Disadvantages of Litigation

The biggest disadvantage of the litigation in no-fault collections currently is the delay of time. There are so many no-fault collection claims pending in civil court throughout New York that it may be 2 to 3 years before a final trial date arrives.The second disadvantage is cost, the initial filing fee, if a no-fault collection case makes it to the final trial date, the cost associated could be around $ 210.00 dollars for each claim. Whereas in arbitration this cost is only $ 40.00 dollars

The Process of Litigation

To begin litigating a no-fault claim, the healthcare provider-plaintiff files a summons and complaint with the clerk of a court with competent jurisdiction to hear the matter. (The court chosen often depends on the facts of each case as well as the amount in dispute.) The summons and complaint is also served on the defendant-insurance carrier, putting it on notice of the pending litigation.

To successfully recover in a no-fault matter, the provider must establish a prima facie case. Although courts have differing opinions of the evidentiary standard that a provider must satisfy to establish a prima facie case, a provider is often required to show that it timely mailed statutory claim forms to the insurance carrier and that payment of no-fault benefits is overdue.

Typically, a provider will submit the following with its summons and complaint:

  1. A statutory claim form, NF-3, NF-5
  2. The bill or bills for the services it rendered;
  3. An assignment of benefits (“AOB”) form; and
  4. Proof of mailing of the claim or claims.

After summons and complaint are filed and served, the parties will go through the process of discovery, in which the parties exchange evidence, request answers to interrogatories, and take depositions. Subsequently, a Notice of Trial (or Note of Issue) will be filed, signifying that discovery is complete.Insurers will use multiple stages of litigation to dismiss the case or delay the resolution of the matter.

For example, after a Notice of Trial is filed, insurers will often file summary judgment motions to argue that:

  1. The services that the healthcare provider rendered lacked medical necessity (a determination made on the basis of a negative independent medical examination (“IME”) or peer review report written by the insurance carrier’s paid doctor);
  2. The patient violated his or her no-fault policy by failing to appear for an IME or examination under oath (“EUO”);
  3. The provider failed to appear for an EUO;
  4. The services were not billed in accordance with the New York State Workers’ Compensation Medical Fee Schedule; and/or
  5. The bill or bills at issue were not timely submitted within 45 days of their respective date or dates of service.

If, after motion practice, the insurance carrier refuses to settle or offers a settlement amount that is unacceptable to the physician, the case may go to trial.


We are experts in No-Fault-Collection. If litigation is the venue for choice for a physician, following items are needed to peruse the litigation

  1. Assignment of Benefit
  2. NF-3, The actual No-Fault Bill
  3. The physician’s report
  4. Medical reports or supporting medical documents
  5. Proof of mail
  6. Proof of delivery
  7. All correspondence with the insurance company (verifications)
  8. Proof of mail & delivery for all verifications
  9. The actual Denial

Choudhry & Franzoni Law Firm – No Fault Collection Lawyers

Healthcare providers are entitled to recover money for the medical services they rendered to their patients. At Choudhry &Franzoni, PLLC we have the strengths, both financial and in terms of manpower to fight hard for our clients. We refuse to accept low ball offers from insurance companies. We fight hard for our clients and recover the maximum amount allowed by law. We are not ready and committed to take the insurance carriers on in either arbitration hearing or in civil court trails. A Free Consultation With No Fault Collections Attorney is Only A Phone Call Away. Please Call Now 212 LAW 8000.