When you’ve been injured in a car accident, you’ve likely accumulated a substantial amount of medical bills. Who pays for those medical bills will depend on the situation.
Personal Injury Protection
New York is a no-fault insurance state, which means that your car insurance will pay your medical bills regardless of who was at fault for the accident. If you were the passenger in a vehicle involved in an accident, then the car insurance associated with that vehicle will pay your medical bills. This insurance is known as personal injury protection (PIP).
New York drivers are required to have at least $50,000 in PIP coverage as part of their car insurance policy. Some people choose to purchase additional coverage, but this is not required. If you have sustained a serious injury that requires extensive medical treatment, then your medical bills may be more than the $50,000 cap. That’s why if you have a serious injury, you should consider pursuing a personal injury claim.
The At-fault Driver’s Insurance
If you have sustained a serious injury as defined in New York law, you may be able to recover your medical bills from the insurance of the driver who was at-fault for the accident. A serious injury includes:
- Significant disfigurement
- Loss of a fetus
- Permanent loss of a body organ or member
- A significant limitation of a bodily system or function
- A non-permanent injury that prevents the injured person from performing his or her typical daily responsibilities for 90 days out of the last 180 days after the accident
The serious injury threshold can be vague. That’s why it’s important to consult with a personal injury attorney if you believe that your injuries are serious.
What About Health Insurance?
If you exhaust your PIP limits, then your health insurance may cover the rest of your bills. If you later recover in a personal injury settlement, the insurance company will likely seek reimbursement for what they paid.
Contact a Car Accident Attorney
If you’ve been injured in a car accident, navigating the insurance system can be confusing. You should consult with an experienced car accident attorney. At Bonina & Bonina, P.C., we have over 50 years of experience helping car accident victims. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.