Because New York is a no fault insurance state, your own insurer is responsible for paying accident-related expenses regardless of who was at fault. This includes medical care.
In the state of New York, all motorists are required to have Personal Injury Protection (PIP), which provides coverage for medical expenses, wage loss, and death benefits. PIP coverage comes in a variety of forms, and drivers can decide whether PIP benefits or their personal health insurance will be the primary insurer.
When choosing PIP options, you want to make sure you fully comprehend your own health insurance coverage and auto insurance policy options. This will make a difference in what is covered and what isn't if you're involved in a New York car accident.
If you get into a car accident and have been injured, the New York car accident lawyers at Brandon J. Broderick, Attorney at Law, can help you. Call us for more details.
Who Pays Your Medical Bills After an NY Car Accident?
Since New York is a "no-fault" state, your insurance will typically pay for the cost of your injury. If someone was hurt in the other car, their insurance would cover the costs of their medical care. It may be unfair, especially if you were 0% at fault. However, the system was put into place to speed up compensation. Theoretically, this statute does away with the necessity of determining fault, conducting an investigation, or retaining legal help. However, the system doesn't always function as intended, especially if your injuries are severe and costly.
The "no-fault insurance" that is typically included in auto insurance policy pays at least $50,000 in medical expenses and lost income. Since this insurance is primary, it is utilized first before any other policies you may have, such as medical insurance.
There are situations when your medical costs are higher than the standard $50,000 coverage from your auto policy. Once you've reached the basic coverage threshold, any additional supplemental insurance you purchased would take effect. It will be up to your healthcare provider to contribute toward your claim if you have no supplementary coverage or none at all.
What Happens When Losses Exceed Insurance Policy Limits?
After a vehicle accident, medical costs can quickly mount, especially if you've had severe injuries such as multiple fractures, a traumatic brain injury, or spinal cord damage. One of the 12 states that permits accident victims to opt out of the no-fault system when injuries reach a "serious injury threshold" is New York.
According to state law, a serious injury is one that results in death, amputation, major deformity, the loss of a fetus, a fracture, the permanent loss of a body part or organ, or significant limitation of a bodily function or system. It also includes any non-permanent injuries that keep the person from carrying out daily tasks for 90 of the first 180 days after the accident.
You should speak with an NY personal injury attorney in these situations, as you may be able to bring forth a civil lawsuit against the at-fault driver to recover further damages.
Our New York Car Accident Lawyers Can Provide The Legal Service You Need
The process isn't simple even though New York is a no-fault state and your own insurance will cover losses after an accident. Your claim can still be denied or extremely undervalued. This is why it's important to retain the services of our lawyers, you can be sure that they will work tirelessly to protect your rights and prioritize your needs.
After an accident, get in touch with the New York car accident lawyers at Brandon J. Broderick, Attorney at Law, if you have any questions concerning your insurance coverage.
We offer free consultations. There are no obligations, but you also have no risk. We only get paid if we win your case. Our fees are contingent.