How are Medical Bills Paid for After a Car Accident in New York
New York State has a No-Fault system. Meaning car accident medical bills are paid for by No-Fault insurance (car insurance). This applies to all of New York City (5 boroughs). No-Fault Insurance will only cover for economic losses. No-Fault does not cover your personal injuries (pain and suffering) from a car accident in New York.
Therefore, No-Fault covers for medical bills, lost wages, and incidental expenses from a car accident in New York. The No-Fault insurance will come from the insurance of the car you were in (there are exceptions).
The injured person from a car accident has only 30 days from the date of the car accident to file the No-Fault Application (form NF-2). The No-Fault Application should be filed with the car insurance of the car you were in when the accident took place. If you are pedestrian hit by a car or any motor vehicle you should file the form with the insurance company of the car that hit you.
Serious Injury Law (Insurance Law 5102(d))
In all of New York State, No-Fault benefits cover the first $50,000 in basic economic losses. This would comprise of medical expenses and lost wages.
Now if you want to recover for your pain and suffering (monetary award) the injuries you suffered have to be a “serious injury” as defined under New York Insurance Law 5102(d). New York Insurance Law defines a Serious Injury as the following:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system or
- An injury that prevents you from performing all of your usual activities for 90 of the first 180 days following the crash
Several of these categories are very clear cut, i.e. Death, but others are more difficult to define. Soft tissue injuries, such as nerve damage, bulging disc or herniated disc, often will meet the serious injury requirements under numbers 7 or 8 above.
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Car Accident Lost Wages
If you are unable to work because of injuries that you received in a car accident you will be in financial hardship undoubtedly. Your household bills will keep coming in and will have to be paid. Thankfully, No-Fault car insurance will pay some of your lost wages.
An injured person from a car accident is entitled to 80% of their lost wages while the injuries from the car accident prevent them from working.
This is how it works: A doctor will decide whether you can work (this can be one of your doctors). If you cannot work, then you, the doctor and your employer complete the appropriate forms and submit them.
Once the insurance company receives the completed forms, you will be paid monthly for as long as you are unable to work. No-Fault provides up to $2,000.00 per month. However, if before the accident you purchased a supplemental or additional policy, you can receive more, but no more than 80% of your average paycheck. After an accident you should contact your insurance to see if you purchased additional No-Fault benefits.
Car Accident Medical Bills
By far the most common question after a car accident is, “Who is going to pay the medical bills?” In New York, your medical bills should be paid by the car insurance of the car you were in with very limited exceptions.
In New York every car carries at least $50,000 in “No-Fault insurance” to pay for medical bills or lost wages. This is mandatory. Keep in mind that your health insurance knows this, and they will not pay for medical bills from a car accident therefore it is best to get all the proper forms in before all the deadlines.
No-Fault has strict deadlines. There is a 30-day time limit to submit your No-Fault application (form NF-2) after the car accident. It is very important that you know this and fill out the application right the first time and get it in on time. This way all your medical bills will be covered by No-Fault insurance. If you do not, No-Fault can deny you and this can unfortunately leave you having to pay all the medical bills for your car accident even if the accident was not your fault at all.
While No-Fault is a separate matter from your personal injury case (pain and suffering) in a car accident, it is essential that you receive the proper medical treatment your are entitled to and that your medical bills get paid for. If we represent you for personal injury case (pain and suffering) as a result of a car accident in New York City, our firm will help you throughout this whole no-fault process.
Incidental Expenses
By far the most common question after a car accident is, “Who is going to pay the medical bills?” In New York, your medical bills should be paid by the car insurance of the car you were in with very limited exceptions.
In New York every car carries at least $50,000 in “No-Fault insurance” to pay for medical bills or lost wages. This is mandatory. Keep in mind that your health insurance knows this, and they will not pay for medical bills from a car accident therefore it is best to get all the proper forms in before all the deadlines.
No-Fault has strict deadlines. There is a 30-day time limit to submit your No-Fault application (form NF-2) after the car accident. It is very important that you know this and fill out the application right the first time and get it in on time. This way all your medical bills will be covered by No-Fault insurance. If you do not, No-Fault can deny you and this can unfortunately leave you having to pay all the medical bills for your car accident even if the accident was not your fault at all.
While No-Fault is a separate matter from your personal injury case (pain and suffering) in a car accident, it is essential that you receive the proper medical treatment your are entitled to and that your medical bills get paid for. If we represent you for personal injury case (pain and suffering) as a result of a car accident in New York City, our firm will help you throughout this whole no-fault process.
Incidental Expenses
A very tricky part of No-Fault is out of pocket expenses from personal injuries resulting from a car accident in New York. This can be for transportation or personal assistance in the home (cleaning and similar tasks).
You must save all your receipts for these services so you can submit them to the No-Fault carrier. In New York you are entitled up to $25.00 per day for these incidentals.
In addition, an injured person from a car accident can also recover for mileage reimbursement to and from your medical appointments.
Our firm will help you procure all these incidental expenses you are entitled to.
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