Understanding Your Options in New York State
After a car accident, one of the first questions victims often ask is: “Who pays my medical bills?” In New York, a no-fault insurance state, the answer likely lies right in your own automobile insurance policy but read on for an understandable explanation how your medical bills will be paid.
At Anderson, Moschetti & Taffany, PLLC, for over four decades, we’ve helped countless accident victims in Saratoga County, Albany, and across the Capital Region navigate the complex world of insurance and compensation. Here’s what you need to know.
1. Personal Injury Protection (PIP): Your First Line of Coverage
New York is a no-fault state, meaning your own insurance policy pays for your initial medical expenses, regardless of who caused the crash. If you were a passenger in someone else’s vehicle, the owner’s policy will provide coverage. This coverage is known as Personal Injury Protection (PIP).
PIP typically covers:
- Hospital and doctor visits
- Physical therapy
- Diagnostic tests (X-rays, MRIs)
- Prescription medications
- Up to 80% of lost wages (with limits)
The minimum PIP coverage in New York is $50,000 per person, but you or the owner of the vehicle may have more coverage. You should inquire with the insurance company to determine whether there is additional coverage. Also, it is critically important to file a No-Fault Application (Form NF-2) with the insurance company that provides coverage within 30 days of the accident to be covered.
2. Health Insurance: What Happens When PIP Runs Out?
If your medical bills exceed your PIP limit—or if your treatment involves services not covered by PIP—your private health insurance may kick in next.
Be aware:
- You may need to meet your health insurance deductible.
- Some insurers may require reimbursement from your settlement later-if a personal injury claim is made.
That’s where the concept of subrogation or medical liens may come into play.
3. Negligence Claims: When Someone Else Is at Fault
If another driver caused your accident, you may be able to file a personal injury claim against the at fault driver to recover damages for compensation, such as:
- Pain and suffering
- Remaining medical expenses for past treatment
- Future treatment costs
- Lost wages beyond PIP limits
Recovery for pain and suffering and future treatment requires the expertise of an experienced personal injury attorney as proving fault of the other driver, as well as calculating the full measure of damages for pain and suffering and economic loss can be complicated.
4. Medical Liens and Reimbursement: What You May Owe Later
If your health insurance or government benefits (like Medicare or Medicaid) cover part of your treatment, there may be a lien placed against your injury settlement. Determining whether the lien is valid, and whether it can be reduced, requires expertise in dealing with private claims companies, and sometimes the state or federal government.
This is why proper legal guidance is so important—your attorney can sometimes eliminate a lien and if not, often negotiate with providers or insurers to reduce the lien amount and maximize your net recovery.
Get Help from a Trusted Personal Injury Attorney in Saratoga, Albany and the Capital District
Navigating who pays for medical bills after a car accident can be overwhelming–especially when you’re recovering from serious injuries. At Anderson, Moschetti & Taffany, PLLC, we help you understand your rights, coordinate your benefits, and fight to get you every dollar you deserve.
We’ve secured hundreds of millions in compensation over the past four decades for injured clients across Saratoga County, Albany, and the communities of the Capital District and beyond. Our team is here to guide you through the legal process with skill, compassion, and individual attention.