Who Pays My Medical Bills After A Car Accident In New York?

Jed Dietrich, Esq., Recognized as a Super Lawyer, is Committed to Providing Unparalleled Representation and Peerless Personal Injury Service. If You or a Loved One Has Been Seriously Injured in a Car Accident That Was Not Your Fault, the Dietrich Law Firm P.C. Could Help You Investigate Your Crash and Begin Asserting Your Right to a Fair Recovery.

After a serious car accident, medical expenses can mount quickly and with little warning.

Even if you are expected to make a full recovery, taking repeated trips to the hospital, the doctor’s office, and physical rehabilitation can take a real toll both physically and financially.

You should never have to pay the price for another driver’s mistake.

A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades filing, fighting, and winning high-stakes personal injury claims, and we have the results to prove it. Since our founding in 2005, we have helped our clients across the state secure more than $300 million in damages. We could help you, too. Call us today at 716-839-3939 to speak to a car crash lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

New York is a no-fault state.

Under New York’s no-fault system, accident victims must typically file a claim with their own insurance company before initiating any further legal action. No-fault insurance provides certain benefits regardless of who was found at fault for the accident. This means that you can obtain compensation even if you caused or contributed to the crash.

Every no-fault policy sold in New York must provide the following types of coverage:

1. Bodily injury liability of $25,000 per person or $50,000 per accident;
2. Property damage liability of $10,000 per accident;
3. Personal injury protection of $50,000 per accident; and
4. Uninsured/underinsured motorist coverage of $25,000 per person or $50,000 per accident.

Personal injury protection, or PIP, is meant for the policyholders to use in the event of an accident resulting in physical injury, economic loss, or both. It provides limited relief for medical bills, lost income from work, and miscellaneous expenses, such as parking at the hospital or transportation to and from the doctor’s office.

Notably, your PIP benefits are subject to your policy limits. If you purchased the minimum amount of coverage and exhaust your benefits, the insurance company will simply stop paying.

You may be able to use your private health insurance policy to cover gaps left by PIP.

In New York, your no-fault coverage acts as primary coverage after an accident. This means that your no-fault policy will cover accident-related expenses up to the policy limit. However, if your no-fault coverage is insufficient, you may be able to fall back on your health insurance policy for additional relief. Any benefits you receive from your health insurance provider will be subject to their terms; in some cases, they may have a right to deny care or reject physician-recommended treatment.

Lawmakers know that no-fault insurance is not perfect.

Although the no-fault system was specifically designed to keep drivers out of court, the law itself recognizes that there are situations when further legal action is necessary. In general, an accident victim who has suffered a serious injury is also entitled to file a personal injury lawsuit against the person or party who caused their accident.

In New York, the term “serious injury” has a strict legal meaning. This definition includes any injury that results in:

1. Death;
2. Dismemberment;
3. Significant disfigurement, including scarring;
4. Fractured or broken bones;
5. The loss of a fetus;
6. The permanent loss of use of a body organ, member, function, or system;
7. The permanent consequential limitation of the use of a body organ or member;
8. A significant limitation to the use of a body function or system; and
9. A medically-determined impairment or injury of a non-permanent nature that has prevented you from performing your ordinary, customary activities for at least 90 days out of the 180 days immediately following the accident.

Some injuries that are sometimes considered minor, like a concussion or whiplash, are still considered serious injuries under these definitions.

The legal system uses the term “damages” to describe compensation in personal injury claims.

1. Your hospital bills;
2. The costs of future or anticipated care;
3. Physical rehabilitation;
4. Paid co-pays and deductibles;
5. Lost income from work;
6. Diminished earning potential;
7. Emotional pain and suffering;
8. Physical pain and suffering;
9. Disfigurement; and
10. Wrongful death.

Unlike your no-fault policy, personal injury awards are not contractually capped. In fact, New York sets no limit on the amount of money recoverable in most car accident claims. Your damages, then, are intended to reflect the losses that you have sustained and are likely to sustain, no matter how great or small they may be.

A personal injury settlement can provide significant compensation, but lawsuits can take months, sometimes even years, to make their way through court. Even though most cases never go to trial, the process of negotiating an agreement can be time-consuming.

Although you cannot speed up the personal injury lawsuit process, many doctors and hospitals are willing to defer payment if certain conditions are met.  Medical liens, for instance, are a legally binding promise to eventually pay a provider back for services rendered. They let you receive care quickly, even if you do not currently have the means to pay.

Most medical liens take the form of agreements. If you tell your doctor that you are currently involved in a personal injury lawsuit, they may agree to accept payment from the proceeds of your settlement or court-ordered awards. These payments must be made in full before you can take home the remaining amount.

However, many medical facilities will still demand payment even if you do not win your case, potentially making a difficult financial situation even worse.

Do not take chances with your rights: call Jed Dietrich, Esq., today at 716-839-3939 to speak to a personal injury lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!