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NYC Personal Injury Lawyer » New York Personal Injury Blog » How to Handle Your Medical Bills After a Car Accident in New York City
Posted in Car Accidents on March 3, 2022
Being injured in a car accident in New York City can result in numerous types of damages. A significant expense after a car crash is medical treatment. Your medical bills could total thousands of dollars.
Dealing with medical bills after a car accident can be overwhelming. Knowing who is responsible for paying your medical bills after a car accident is the first step in dealing with these costs.
New York is a no-fault car insurance state. Drivers are required to purchase Personal Injury Protection (PIP) insurance coverage, which is designed to cover them in the event of an accident, regardless of who is at fault.
No-fault insurance pays up to $50,000 for economic losses related to a car accident. Economic losses covered by PIP include:
PIP insurance covers the driver and passengers in the car. No-fault insurance generally covers pedestrians and bicyclists struck by the vehicle. However, no-fault insurance usually does not cover medical bills related to DUI accidents, except for some emergency services.
No-fault insurance ensures the prompt payment of medical bills after a car crash. However, you need to seek prompt medical attention and submit your bills to the insurance company within 45 days of treatment to receive payment for medical treatment.
New York also requires drivers to carry minimum amounts of third-party liability insurance for car accidents. Drivers must have at least $25,000 in bodily injury coverage for one person injured in an accident and $50,000 in bodily injury coverage per accident.
If you sustain “serious injuries” in a car accident caused by another driver, you may receive compensation for medical bills and other damages by filing a claim with the other driver’s liability insurance company. An at-fault driver can be financially liable for damages including:
However, you must prove that your injuries meet or exceed the serious injury threshold in Section 5102(d) of the New York Insurance code. Also, you have the burden of proving that the other driver caused the accident. If you cannot prove fault, you cannot recover damages from the other driver.
Furthermore, you do not receive compensation for a car accident claim until you settle the claim. It could take a year or more to settle a car accident case, especially when you sustain catastrophic injuries or need to file a lawsuit.
If you have health insurance, your health insurance provider may pay medical bills from a car accident not covered by PIP insurance. Most people carry the minimum $50,000 in no-fault insurance coverage. When you sustain a serious injury, that amount could quickly be exhausted in lost income and medical costs.
Medicaid, Medicare, and private health insurance companies generally pay medical bills arising from a car accident. However, they may have limits on what they will pay, and you are responsible for any co-payments or deductibles required by your health insurance policy.
An important thing to note about health insurance companies and car accidents is the right to subrogation. A health insurance provider can file a subrogation claim against any proceeds you receive from a car accident settlement or jury verdict.
The health insurance company is entitled to reimbursement for medical bills paid for the car accident injuries. Therefore, before receiving money for your other damages, your health insurance provider must be repaid.
A New York car accident lawyer may be able to negotiate a settlement for subrogation claims. In other words, your attorney may be able to get the health insurance company to accept less money to satisfy their subrogation claim.
Some medical providers will wait until the car accident case settles for payment. Your attorney may negotiate a medical lien with one or more of your medical providers.
The lien is on the settlement proceeds of your car accident claim. Therefore, your medical bills must be paid from the settlement proceeds or jury verdict before you receive any money for your other damages. If you lose the case, you are responsible for paying your medical bills.
Dealing with medical bills after a car accident can be frustrating and frightening. However, you can ask questions and get legal advice about a car accident claim by contacting a New York car accident lawyer for a free consultation.
If you need legal assistance, contact the New York City car accident lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #409
New York, NY 10123
Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242