No Fault Claims

[Ronny]

Can a claim for no fault benefits be denied if the driver has been ticketed for DWI, but has not yet been convicted?  Blood Alcohol results are not yet known.

[MacFie]

Hi Dave, I am very familiar with N.Y.S. no-fault denials.  If this matter arose in N.Y. then the answer is yes!  No fault benefits can be denied if the applicant was "driving under the influence of alcohol or a drug".  The alcohol or drug need not have been the causative factor in an accident.  However, this denial is subject to appeal by the applicant for benefits and should be withdrawn should the blood alcohol test prove to be below the legal limit for impairment and if the ticket is excused.