- New York is a no-fault insurance state, so PIP insurance pays first for medical bills and lost wages.
- If you suffer a serious injury or basic economic losses over $50,000, you can also sue the other driver for damages not covered by PIP, including pain, suffering, and other non-economic losses.
- Uninsured or underinsured motorist (UM/UIM) coverage may pay for medical bills once you exhaust PIP and if the at-fault driver’s auto liability coverage is insufficient to cover your remaining damages.
- Our skilled New York car accident attorneys can help you explore other sources of compensation.
In New York’s no-fault car insurance system, you must first turn to your personal injury protection (PIP) coverage to pay medical bills, lost wages, and other “basic economic losses” after a car accident. However, PIP might not be enough to cover your full damages, in which case you can turn to the at-fault party’s auto liability coverage or a personal injury lawsuit to seek compensation for your economic and non-economic losses.
It is not always easy to determine who pays for medical bills after a car accident, particularly one involving serious injuries and expensive treatment. At Chopra & Nocerino, we have extensive experience helping clients figure out how to pay medical bills. Let us put our skills to work in pursuit of full and fair compensation. Contact us online or call (855) NYC-HURT today to schedule a free consultation.
How Does New York’s No-Fault Car Insurance System Work?
New York requires drivers to carry PIP coverage to pay for their medical expenses, lost wages, and other basic economic losses after a car accident, regardless of who was at fault. It covers drivers, passengers, and pedestrians in accidents involving the insured vehicle. This no-fault system allows victims to get prompt medical care without lengthy disputes over liability.
New York’s minimum car insurance requirements include $50,000 in PIP coverage. You can purchase additional no-fault PIP coverage to provide peace of mind in the event an accident results in high medical bills.
However, PIP does not cover property damage. It also does not cover motorcycles or all-terrain vehicles. Drivers of these vehicles must turn directly to a fault-based insurance claim or lawsuit to recover compensation for their medical costs following an accident.
Understanding Medical Coverage Options After a Car Accident
PIP coverage helps people get back on their feet quickly following a car accident. PIP benefits include:
- Reasonable and necessary medical bills and rehabilitation costs.
- 80 percent of lost earnings (up to $2,000 monthly) for three years.
- Up to $25 per day (up to one year) for other reasonable and necessary expenses, such as transportation to and from the doctor.
- $2,000 in death benefits to surviving loved ones.
However, your insurance company can deny PIP benefits if you were driving while intoxicated, riding in a stolen vehicle, the owner of an uninsured vehicle, or committing a felony at the time of the accident.
Does Health Insurance Cover Car Accidents?
You may wonder if medical insurance covers car accidents. You may turn to your health insurance immediately following an accident to pay for costs not covered by no-fault PIP insurance. However, if you receive compensation through other insurance or a personal injury lawsuit, you will likely need to reimburse your health insurance provider for those costs.
What Should I Do if I Don’t Have Health Insurance To Cover the Medical Bills for Accident Injuries?
Again, mandatory PIP insurance should cover up to $50,000 in economic losses after an accident, including medical bills. If you have it, medical insurance can cover the remaining healthcare expenses incurred treating your injuries.
If you do not have health insurance, there are other sources you can turn to for compensation. For example, if you purchased optional medical payments (MedPay) coverage, this may be a viable option. Additionally, the Motor Vehicle Accident Indemnification Corporation (MVAIC) is a New York nonprofit that provides no-fault benefits to people involved in motor vehicle accidents who have no other insurance to turn to.
Do not delay seeking treatment after a car accident due to lack of insurance. Under the federal Emergency Medical Treatment and Labor Act (EMTALA), hospital emergency departments that receive Medicare funds (most U.S. hospitals) cannot refuse treatment. Failure to secure prompt treatment can also compromise claims for compensation down the road.
Can You Sue the Other Driver for Medical Expenses After a New York Car Accident?
Yes, you can potentially sue the at-fault driver for medical expenses after a car accident in New York. If your medical costs exceed your PIP limits, you can file a claim against the other driver’s auto liability insurance. If their insurer denies your claim, you can file a personal injury lawsuit.
New York law also allows you to file a personal injury lawsuit after a car accident if you suffered “serious injuries,” which include:
- Significant disfigurement
- Dismemberment
- Death
- Fracture
- Permanent loss of a member, organ, system, or function
- Loss of a fetus
- Significant limitation of use of a system or function
- Consequential permanent limited use of a member or organ
- Non-permanent impairment or injury that keeps you from your usual daily activities for at least 90 of the 180 days after the accident
How Can Uninsured/Underinsured Motorist Coverage Help?
Uninsured motorist (UM) coverage is mandatory in New York and, as the name suggests, covers you in accidents with at-fault drivers who fail to purchase mandatory auto liability insurance. It also covers you in hit-and-run accidents. New York requires the same level of UM coverage as auto liability coverage:
- $25,000 for bodily injury ($50,000 for fatal injuries) per person.
- $50,000 for bodily injury ($100,000 for fatal injuries) per accident.
Underinsured motorist (UIM) is optional in New York and, as the name suggests, covers you in the event the at-fault driver has insufficient coverage to pay for your damages.
If your no-fault PIP, UM, and UIM coverage and the other driver’s liability coverage aren’t enough to cover your medical bills, you can file a personal injury lawsuit to seek compensation for excess costs.
Do You Have To Pay Medical Bills Out of Your Settlement?
If you receive a settlement from a car accident, you will likely need reimburse payments made through other sources, such as health insurance or Medicare. This process is known as “subrogation.” If you do not pay, insurers can sue you for their losses. Our experienced New York personal injury attorneys can help you seek compensation through all available sources and work to resolve debts incurred through your accident.
How Chopra & Nocerino Can Help You Cover Medical Bills
Our New York car accident attorneys have decades of combined experience and are dedicated to fighting for our clients’ rights. We have a proven track record of winning high-value case results and are ready to go to court to seek the compensation you deserve.
If you were injured in a car accident in New York, don’t wait to secure top-notch legal representation. Every client who partners with us is treated like family. We’re real New Yorkers who stop at nothing to protect our clients’ rights and pursue fair compensation on their behalf.
Contact us online or call (855) NYC-HURT today for a free consultation. Para servir mejor a todos los miembros de nuestra comunidad, ofrecemos servicios en español.
