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The Office of General Counsel issued the following informal opinion on June 7, 2001, representing the position of the New York State Insurance Department.

Re:  No-Fault Benefits

Question

What is the amount of No-Fault benefits payable for automobile mileage to and from medical appointments for accident-related treatments?

Conclusion

There is no specified amount payable for transportation expenses to and from medical visits for the treatment of accident-related injuries under the No-Fault law and regulations.

Facts & Analysis

Under N.Y. Ins. Law §5102(a)(3) (McKinney 2000), No-Fault benefits are available for "All other reasonable and necessary expenses incurred, up to twenty-five dollars per day for not more than one year from the date of the accident causing the injury." Transportation expenses for medical treatments fall under this category of "reasonable and necessary" expenses. The exact amount of benefits payable for automobile mileage transportation cost is a question of fact in each instance, based upon the specific circumstances involved, subject to a maximum amount of twenty-five dollars per day.

For further information you may contact Supervising Attorney Lawrence M. Fuchsberg at the New York City Office.

 

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