After a car accident, one of the more pressing concerns is figuring out how to pay for medical expenses. The answer depends on the specifics of your insurance coverage and the severity of your injuries. A car accident lawyer in New York can advise you on your options and represent your interests when the claims process becomes complicated.
New York operates under a no-fault insurance system, and your own auto insurance policy is typically the first source of coverage for medical bills. Below, the New York car accident lawyers from the Wohlgemuth Law Firm PLLC explain what you need to know about how medical bills are handled after a crash in New York.
How No-Fault Coverage Works in New York
New York requires all drivers to carry Personal Injury Protection, or PIP, as part of their auto insurance policy. This coverage pays for your accident-related medical expenses regardless of who caused the crash. Responsibility for medical bills after a car accident often begins here.
PIP coverage in New York includes a minimum of $50,000 per person. That coverage generally extends to:
- Hospital and emergency care: Treatment received immediately following the accident, including surgeries or overnight stays
- Follow-up appointments: Visits to physicians or specialists as part of your ongoing recovery
- Diagnostic testing: Imaging such as X-rays or MRIs ordered by your treating provider
- Physical therapy: Rehabilitation sessions designed to restore function and manage pain
- Lost wages: Up to $2,000.00 per month or 80% of your lost earnings, whichever is less, up to 3 years (APIP can increase this amount)
Reasonable and necessary expenses: Up to $25.00 per day up to one year from the date of accident.
You must file a No-Fault Application (Form NF-2) with the applicable insurance company within 30 days of the accident. Missing that deadline could affect your ability to recover those costs.
What Happens When PIP Coverage Is Not Enough
Although New York’s no-fault coverage provides an important starting point, serious crashes can quickly exceed available benefits. The National Safety Council reports that motor vehicle crashes caused an estimated 4.9 million medically consulted injuries in the United States during 2024.
According to the National Highway Traffic Safety Administration, motor vehicle crashes generated approximately $30.9 billion in medical expenses during 2019. In such situations, paying for medical treatment after an auto accident may require turning to additional sources of coverage.
If your PIP benefits are exhausted, your private health insurance may cover remaining medical expenses. Consulting an auto accident attorney in New York early in the process can help you understand how subrogation may affect your recovery.
When Your Injuries May Qualify for a Claim
New York law allows injured individuals to step outside the no-fault system when their injuries meet the “serious injury” threshold. The statute of limitations for personal injury claims in New York is generally three years from the date of the accident. A New York car accident lawyer can evaluate whether your injuries meet that legal standard and advise you on the next steps.
The state defines serious injury as one or more of the following:
- Death or dismemberment: Fatal injuries or the loss of a limb due to the crash
- Significant disfigurement: Visible, lasting changes to physical appearance caused by the accident
- Bone fractures: Any fracture sustained as a direct consequence of the collision
- Loss of a fetus; A pregnant woman who miscarries as a direct result of the collission
- Permanent loss : Permanent loss of use of a body organ, member, or function
- Permanent consequential limitation: Permanent consequential limitation of use of a body organ or member
- Significant limitation: Significant limitation of use of a body function or system.
If your injuries qualify, you may be able to pursue a personal injury claim against the at-fault driver for damages beyond PIP, such as pain and suffering.
Seeking Compensation When a Third Party Is At Fault
The New York State Department of Health reports that New York State residents experienced an annual average of 12,093 hospitalizations from motor vehicle traffic injuries between 2012 and 2014. Car accident medical bills and liability rules become more complex when another driver’s negligence is involved. A personal injury law firm in New York can assess your case and advise you on whether pursuing a claim against the at-fault driver is a viable path.
When a third party is at fault, you may have the right to seek compensation beyond what your own policy covers. Insurance coverage for car accident medical expenses may not address every loss associated with a serious collision. A car accident lawyer in New York can explain what additional compensation may be available under New York law.
The Wohlgemuth Law Firm PLLC Is Ready To Represent You
Knowing who pays medical bills after a car accident in New York means navigating insurance coverage and legal thresholds. Learning more about avoiding common car accident claim mistakes may help you better understand the claims process. The Wohlgemuth Law Firm PLLC represents injured New Yorkers throughout this process and works to pursue the compensation available under state law.
Contact the firm at (718) 474-9100 to discuss your case with a New York car accident lawyer.
Frequently Asked Questions
Here are answers to some common questions that arise when dealing with medical costs after a collision.
What Is the Deadline for Filing a No-Fault Claim in New York?
You must file a No-Fault Application with your insurance company within 30 days of the accident to be eligible for PIP benefits.
Can Pedestrians and Cyclists Access No-Fault Benefits in New York?
Pedestrians and cyclists injured by a motor vehicle in New York may qualify for no-fault benefits through the at-fault driver’s insurance policy.
What Is Subrogation, and How Does It Affect My Settlement?
Subrogation is the process by which your health insurer seeks reimbursement for medical costs it paid on your behalf if you later receive a personal injury settlement. This can affect the amount you ultimately keep because the insurer’s reimbursement claim may need to be paid from the settlement proceeds before the remaining funds are distributed to you.
Can an Auto Accident Attorney Represent Me if the At-Fault Driver Is Uninsured?
Yes, a New York car accident lawyer can represent you in pursuing compensation through your own uninsured motorist coverage when the at-fault driver does not carry insurance.
