Car accidents can be devastating events, often resulting in substantial medical bills and financial hardships. In New York, figuring out who is responsible for these expenses requires navigating a delicate balance of insurance coverage, injury severity, and fault determination.
A Long Island car accident lawyer can help you understand these legalities, which is crucial for anyone involved in a car accident, as they significantly affect one’s ability to recover damages and secure appropriate compensation for injuries sustained.
At Levine And Wiss, we have built our reputation on successfully guiding accident victims through the difficult legal process. Our firm’s commitment to excellence has earned us recognition from the National Trial Lawyers, who have named us among their top 100 trial lawyers.
This distinction reflects our proven track record in handling complex car accident cases and our ability to achieve favorable client outcomes in even the most challenging circumstances.
New York’s Serious Injury Threshold
The question of who pays for medical bills after a car accident in New York is not as straightforward as one might expect. While your own insurance company typically covers initial medical expenses through PIP coverage, there are circumstances under which you may seek compensation from the at-fault party.
New York law permits individuals to file a third-party claim or lawsuit against the responsible party if they have incurred economic losses exceeding $50,000 or if their injuries meet the state’s “serious injury” threshold.
This threshold is a crucial concept in New York personal injury law, designed to limit the number of lawsuits filed for minor injuries. One of the things to know about New York’s serious injury threshold is that it requires injuries resulting from a car accident to meet specific criteria to qualify for compensation beyond what is covered by no-fault insurance. These criteria include fractures, significant disfigurement, permanent loss of a body organ or function, and injuries that substantially impair daily activities for at least 90 days within the 180 days following the accident.
Understanding whether your injuries meet this threshold is vital, as it determines your ability to pursue additional compensation. An attorney can assess your case, evaluate the extent of your injuries, and advise on whether they likely meet the serious injury threshold.
This evaluation often involves reviewing medical records, consulting with healthcare providers, and sometimes obtaining expert opinions to build a strong case for compensation beyond no-fault benefits.
How New York’s No-Fault Car Insurance System Works
New York operates under a no-fault car insurance system, which aims to provide quick and efficient compensation for medical expenses and lost wages regardless of who caused the accident.
This system requires all drivers to carry Personal Injury Protection (PIP) coverage as part of their minimum auto insurance requirements. PIP coverage is designed to pay for medical bills after a car accident, lost wages, and other incidental costs up to the policy limit. Under the no-fault system, your PIP coverage will typically pay for:
- Medical and rehabilitation expenses
- 80% of lost earnings from work (up to $2,000 per month for up to three years)
- Up to $25 per day for other reasonable expenses (for up to one year)
- A $2,000 death benefit, payable to the estate of a deceased eligible person
While the no-fault system provides immediate benefits, it also limits your right to sue for non-economic damages such as pain and suffering. This limitation is where the serious injury threshold becomes crucial. This is because it determines when you can step outside the no-fault system to seek additional compensation through a lawsuit.
Damages You Can Potentially Claim
When your injuries meet the serious injury threshold or your economic losses exceed $50,000, you may be eligible to file a lawsuit against the at-fault party. This opens up the possibility of claiming a broader range of damages beyond what is covered by your PIP insurance. Potential damages in a car accident lawsuit may include:
- Medical expenses beyond PIP coverage
- Future medical costs related to the accident
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Each category represents a different aspect of the harm you suffered due to the accident. Medical expenses and lost wages are relatively straightforward to calculate, as they involve tangible financial losses.
However, non-economic damages like pain and suffering or emotional distress can be more challenging to quantify and often require skilled legal representation with an attorney who has case results to back up their success to argue effectively and help you as you question, “How are medical bills paid after a car accident?”
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What to Consider if You Are Partially at Fault
In New York, you can still receive compensation for damages even if you are partially responsible for the accident due to the “pure comparative negligence” rule.
owever, your compensation will be reduced by your percentage of fault. This system allows for a more nuanced approach to determining liability and compensation in car accident cases, recognizing that accidents often involve complex circumstances with multiple contributing factors.
Understanding how comparative negligence might affect your case is important when considering legal action. For example, if you are found to be 30% at fault for the accident, and your total damages are $100,000, you would be eligible to recover $70,000.
This reduction reflects your share of responsibility for the accident while still allowing you to receive compensation for most of your damages.
Insurance companies and defense attorneys will often try to maximize your percentage of fault to reduce their liability. This is where having experienced legal representation becomes invaluable. An attorney can help gather evidence, reconstruct the accident, and present a compelling case that minimizes your fault and maximizes your potential compensation for car accident medical bills.
Reach Out to a Long Island Car Accident Attorney
At Levine And Wiss, we have extensive experience handling car accident cases and helping our clients overcome the hurdles of New York’s personal injury laws. Our team is committed to providing personalized, aggressive representation to ensure your rights and to help you understand what to do after being injured. Contact us today for a free consultation to discuss your case and explore your legal options.
