Who Pays the Medical Bills After a Car Accident in New York?

Medical Bills after A Car Accident

A car accident can be devastating for anyone involved. According to Forbes, 37,848 car accidents led to injuries or fatalities in 2022. A National Highway Traffic Safety Administration report shows that car accidents cost Americans roughly $340 billion annually.

If you’re facing expensive medical bills from a car accident, it’s easy to feel overwhelmed. Who pays for them? Should you contact a car accident lawyer in New York to file a claim?

Elliot Ifraimoff & Associates, PC, understands these frustrations. We’re here to help you understand the laws surrounding car accidents, provide car accident legal representation in NY, and more. Contact us to speak to a car accident lawyer in Queens, NY.

Understanding New York’s No-Fault Insurance Policies

New York is a “no-fault” state. This means your insurance company is responsible for paying for medical expenses, regardless of who’s at fault for the accident.

In some ways, this can be advantageous. Say, for example, that you caused the accident. Your insurance would still cover your medical bills, regardless of the situation. In addition, you won’t have to prove the other party was liable to pursue compensation, which means avoiding a lengthy court process.

How No-Fault Insurance Works

New York requires auto policyholders to carry Personal Injury Protection (PIP), otherwise known as no-fault insurance. This coverage pays up to $50,000 for necessary medical expenses, including hospital stays, physical therapy, prescription medicine, or emergency medical care.

Your no-fault policy will activate before any other insurance policies. Should your medical expenses exceed the $50,000 limit, supplementary coverage or health insurance may cover additional expenses.

When You’ll Have To Pay Out-of-Pocket Expenses

Even with extensive insurance coverage, you may have certain expenses. For example:

  • You’ll need to pay any copays or deductibles
  • You’ll need to pay for any procedures that weren’t considered medically necessary
  • You may need to pay out of pocket if you didn’t file a claim with your insurance provider within 30 days of the accident
  • You may need to pay if you broke the law at the time of the accident

When Can You File a Civil Case?

If you weren’t responsible for the accident, you might want to pursue legal action against the other driver. However, New York’s no-fault laws often prevent accident victims from filing a civil case. However, the state makes some exceptions for serious injuries. These include the following:

  • Death
  • Fractures
  • Dismemberment
  • Serious disfigurement
  • Permanent organ damage
  • Serious limitations of a bodily function
  • Loss of a fetus
  • Injuries that interfere with your everyday life for 90 out of 180 days after an accident

Speaking to an NYC auto collision attorney can help determine whether you qualify for a civil suit and, if so, how to proceed. Should your New York City car crash lawyer deem you have a case, they can help you gather evidence and pursue additional compensation.

What Happens If You Sustain Injuries As a Pedestrian?

New York’s no-fault laws primarily apply to accidents that occur while both parties are in a vehicle. Should a driver hit you while you’re walking, bicycling, or riding a motorcycle, you could pursue compensation from them. A Manhattan car collision attorney can help you file a lawsuit, gather evidence, and negotiate with the other party on your behalf.

Neither is a civil suit the only way to cover your medical bills. Your uninsured motorist coverage could help pay for medical expenses if the at-fault driver left the scene or didn’t have the requisite coverage. In addition, you may be able to pursue up to $50,000 from the Motor Vehicle Accident Indemnification Corporation, an organization specifically created to assist individuals who sustained injuries in accidents with uninsured drivers. That said, pursuing compensation can sometimes be complicated, so it’s often beneficial to speak to a New York City automobile accident attorney.

Injured in a Car Accident? Request Representation From a New York Car Accident Lawyer

Facing large medical bills after a car accident can be frustrating, especially if you weren’t at fault. While New York’s no-fault laws often make filing a case difficult, you may have legal recourse if you were a pedestrian or sustained severe injuries.

When you need help from a car accident lawyer in New York, contact Elliot Ifraimoff & Associates, PC. We are experienced attorneys dedicated to helping our clients pursue justice. We can set expectations for your initial consultation with a car accident lawyer, help you determine the viability of your case, and offer traffic and road safety tips, among other things. Call (718) 205-1010 or toll-free at (888) 275-3554 to request more information today.

Frequently Asked Questions

Would you like to learn more about car accident cases? Do you have additional questions about how insurance can cover your medical bills? At Elliot Ifraimoff & Associates, PC, we’re prepared to answer them. Discover more below.

Can My Health Insurance Company Refuse To Pay My Claim?

Yes, your insurance company may refuse to pay if they deem certain procedures weren’t medically necessary. A Queens car accident attorney may be able to negotiate with your insurance company and help you pursue compensation.

Can an Insurance Company Request Reimbursement If I Win a Lawsuit?

Yes; if you win a lawsuit, the insurance company may request reimbursement for any expenses it covered. A NYC vehicle accident lawyer can speak to your insurance company and potentially mitigate losses.

What If I Was Partially Responsible for the Accident?

New York is a comparative negligence state; the court will lessen your compensation should you be found partially responsible for an accident. For example, say the court believes you are 50% responsible for the accident. If your original compensation totaled $100,000, the court would cut it down to $50,000.

How Long Do I Have To File a Case?

According to Nolo, you have up to three years after the accident to speak to a car accident lawyer in New York and file a claim. This time goes by more quickly than you might think, so it’s wise to act quickly.