What You Need to Know About Who Pays for Medical Bills After a Car Accident in New York

New York is a no-fault insurance state, meaning the insurance of the vehicle an injured party was in is responsible for paying medical bills. Here’s what you need to know about who pays for medical bills after a car accident in New York.

After a car accident, New York allows injured parties to bypass the no-fault medical bill system in cases of serious injury. If a driver or passenger sustained a serious injury, they could file a civil suit against the party responsible for the car accident.

No-Fault Insurance in New York

New York is a no-fault insurance state, meaning the insurance of the car a person was in is responsible for that person’s medical bills after a car accident. This rule is the case regardless of who is at fault for the car accident.

The purpose of no-fault insurance, also known as personal injury protection, is to speed up the process of compensation for expenses after a car accident. In no-fault states, people do not have to wait for litigation or the determination of fault for a car accident before they get compensated for their expenses.

A person’s no-fault insurance pays for their medical expenses regardless of who is at fault for the car accident.

All drivers in New York must carry a minimum of $50,000 of no-fault insurance. This insurance will cover medical bills and lost wages after a car accident.

A driver may choose to carry more than $50,000 of no-fault insurance in New York, but the state does not require more.

Related: Car Accident Without Insurance and You’re Not at Fault

If a person’s medical expenses exceed $50,000 (or more if their no-fault insurance amount is higher), their health insurance can cover the additional expenses. Health insurance will not step in until an injured party exhausts their no-fault insurance coverage.

Serious Injury in a Car Accident in New York

New York allows people injured in a car accident to bypass the no-fault insurance system if they suffer a serious injury. The state defines a serious injury as one that results in:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of fetus
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of use of a body organ or member
  • Significant limitation of use of a body function or system
  • Prevention from performing normal activities for more than half of the first 180 days following the car accident

If New York determines that a car accident caused a person serious injury, the injured party can file a civil suit against the party responsible for the car accident. In this civil case, the injured party must prove the other party’s responsibility for the car accident.

The damages awarded as part of this civil suit can cover medical expenses over $50,000 as well as pain and suffering due to the serious injury.

In New York, drivers must also carry liability coverage. If a court awards damages to an injured party, the responsible party’s liability coverage will pay the maximum amount carried. If the awarded damages exceed the liability coverage, the responsible party is still responsible for paying these damages.

Filing a No-Fault Insurance Claim in New York

An injured party has 30 days to submit a no-fault insurance claim to the insurance company of the car they were in. After 30 days, the insurance company can deny coverage for medical expenses.

Related: What Happens If Someone Sues You After a Car Accident?

Pedestrians Involved in Car Accidents in New York

If an injured party in a car accident was a pedestrian or riding a bicycle, the car’s insurance is responsible for covering the injured party’s medical expenses.

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If you or a loved one would like to learn more about Medical Bills After Car Accident New York, get your free consultation with one of our Personal Injury Attorneys in New York today!