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

Your Insurance Policy will Typically Cover Your Medical Expenses

The purpose of no-fault insurance rules is to ensure a driver has the funds to obtain the medical treatment they need after an accident. To meet that goal, state law typically requires drivers to seek insurance benefits through their own auto policy in order to secure compensation for their medical bills.

Drivers in New York must carry coverage known as “no-fault” insurance. These policies earn their name due to the fact that they will pay benefits to you regardless of who was at fault for the accident. With these policies, you could secure compensation for the cost of your medical treatment right away – even if you were solely responsible for the crash.

These policies usually carry at least $50,000 in benefits to cover expenses for each person’s injuries. These benefits will cover your medical expenses as well as your lost wages. These policies are the primary benefits when it comes to your medical bills. That means this policy typically must be exhausted first before you will have to seek other sources of compensation.

No-fault insurance policies cover any type of “necessary expenses” related to your medical treatment. Your policy will pay all of your necessary medical expenses up to the amount of your policy limits. Some common examples of necessary expenses include the cost of:

• Ambulance rides.
• Hospital stays.
• Surgeries.
• Physical therapy.
• Prosthetics.
• Prescription medication.

Your Health Insurance Could Also Cover Some of Your Expenses

If you are facing more than $50,000 in medical expenses, you could be required to turn to other sources of insurance coverage. This could include benefits through your health insurance.

In general, health insurance carriers will only cover your medical expenses once you have exhausted the full amount of your no-fault policy. If your medical expenses do not meet the $50,000 policy limit, your health insurance will not step in and pay any of your expenses.

Could Your Health Insurer Seek Reimbursement if You Win a Settlement?

Yes, in many cases, your health insurer may pursue reimbursement through a process known as subrogation. This means that if your insurer covered medical treatment caused by another party’s negligence, they could seek repayment from your settlement. According to the Department of Financial Services, health insurers can only step in once No-Fault benefits are exhausted, and any payments must follow the fee schedules set by New York Insurance Law Section 5108. While this rule concerns how bills are paid, it also explains why insurers often pursue health insurance reimbursement to prevent double compensation for the same expenses. This process can also reduce the final amount you keep from a settlement, which makes understanding it especially important.

Is There a Deadline to File Insurance Claims?

Yes, strict deadlines apply. In New York, No-Fault claims must usually be filed within 30 days of the crash. Missing this deadline may limit your coverage and shift costs to your health insurance. Civil claims against a negligent driver also have statutes of limitation, so acting quickly makes a huge difference in protecting your rights.

Health insurance may help cover certain accident-related bills, but the way it interacts with No-Fault laws can be confusing. By addressing questions like: Does health insurance cover car accidents directly?, we aim to bring clarity while showing how important it is to act quickly.

When a Civil Lawsuit Could Be an Option for You

There are situations where you could have the option to file a lawsuit against the at-fault driver. Typically, the state’s no-fault rules prevent drivers from pursuing a civil lawsuit based on a car accident injury case. However, the rules allow a lawsuit to move forward if the plaintiff can show they meet the “serious injury threshold.”

If a driver suffers a serious injury in an accident, they may step outside the no-fault system and pursue compensation through a personal injury lawsuit.

Per ISC § 5102, serious injury is one that leads to:

• Dismemberment.
• Death.
• Fractured bones.
• Loss of a fetus.
• Significant disfigurement.
• Significant limitation or permanent loss of a bodily function, organ, or system.
• A non-permanent injury that prohibits a person from performing normal daily tasks for at least 90 days out of a 180-day period after the accident.

Despite the list of conditions that could qualify, it is not always clear whether an injury meets the threshold. A personal injury lawyer in Long Island could help you demonstrate that you meet this threshold.

In some cases, an insurance company may try to challenge your claim of serious injury. They may attempt to downplay the extent of your injuries and lower your settlement amount. Our attorneys could help protect your rights and advise you on the best way to pursue a personal injury lawsuit.

Call Our Team to Determine Who Will Pay Your Medical Bills After an Accident

Not knowing who will cover your medical expenses after a New York car accident can add stress to an already difficult time. You do not have to face confusing insurance rules and deadlines on your own. Our team at the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers is here to review your case and explain your legal options.

We understand the challenges of New York car accident cases, and we are here to guide you through your options. Time matters in these cases, so taking the first step today can make a big difference. Call us at 516-358-6900 to schedule your free consultation.