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Posted in Car Accidents on April 30, 2022
Car accidents in New York City can cause many different injuries. Injuries might include broken bones and fractures, spinal injuries, soft tissue injuries, and neck injuries. As a result, doctors often prescribe physical therapy as part of the treatment plan after a car accident.
New York is an at-fault state for car accidents. Therefore, the party responsible for causing the collision is liable for damages.
Therefore, if you cause a car accident, you could be responsible for your medical bills. You could also be financially liable for the other person’s medical bills, lost wages, and other damages. Let’s look at specific examples to see who would pay car accident therapy costs.
New York drivers must carry PIP (Personal Injury Protection) insurance as part of their automobile insurance coverage. No-fault insurance pays for the reasonable and necessary medical and rehabilitation costs for a car accident, regardless of who caused the crash.
Therefore, your PIP insurance should pay for physical therapy if your doctor prescribes the treatment for car accident injuries. However, these benefits do not apply if you:
Your health insurance coverage may also pay for physical therapy after a car accident. The payments are subject to the terms and conditions of your health insurance policy, including deductibles.
Your PIP insurance and health insurance should pay your medical bills after an accident you did not cause, including prescribed physical therapy costs. However, you may also have a claim against the driver who caused the accident.
New York requires all drivers to have a minimum of $25,000 in bodily injury coverage for one person and $50,000 in coverage for two or more people injured in an accident.
If you prove that the other driver caused the accident, that driver’s liability insurance company should reimburse you for reasonable and necessary medical bills. You may also receive compensation for other economic and non-economic damages.
However, you do not receive this money until your case settles. If the insurance company denies liability or refuses to agree to a fair settlement amount, you may need to file a personal injury lawsuit. A lawsuit could take more than a year to go to trial.
Your health insurance provider may continue paying for treatment after you exhaust your PIP benefits.
Suppose you receive a settlement for your car accident. In that case, your health insurance provider expects to be reimbursed for any bills it paid related to the car crash, including physical therapy bills. Most health insurance policies contain a subrogation clause giving the health insurance company the right to seek reimbursement from the party who caused your injury, including any personal injury settlement or verdict that you receive from that party.
Medical liens by medical providers may also need to be paid from your settlement proceeds if you did not have health insurance coverage to pay for physical therapy after a car accident. However, your car accident lawyer may be able to negotiate with the health insurance company or medical providers to lower the amount of the liens to keep more money in your pocket.
To recover compensation for a car accident claim, you have the burden of proving:
Therefore, it is always best to seek immediate medical treatment after a car accident. Failing to seek prompt medical care could result in allegations of failing to mitigate damages. The insurance company may also question whether the accident is to blame for the cause of your injuries.
Follow your doctor’s treatment plan and keep detailed records of the expenses and costs you incur because of the accident and your injuries. A New York City personal injury lawyer helps you document your damages and calculates the value of your damages for a personal injury claim.
The attorney also gathers evidence to prove fault and liability. The insurance company for the other driver may pressure you to accept a settlement offer before you complete treatment or talk with a lawyer. Most initial settlement offers are lower than the value of the case.
Dealing with insurance after an accident can be frustrating and confusing. Instead of trusting an insurance claims adjuster who is looking out for the company, seek trusted legal advice to ensure the settlement offer is in your best interest.
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