The person who pays for the medical bills in a car accident depends on your role in the accident, insurance coverage, who was at fault for the accident, and the extent of your injuries, among other factors. Because New York is a no-fault state, your insurance company would pay for your medical bills and other expenses. However, based on the circumstances of your case, you may be able to pursue compensation from the other party.
A personal injury lawyer can go over your options with you and help you determine who is responsible for compensating you for your losses.
Your Insurance Company Will Cover Your Medical Bills
New York requires drivers to carry no-fault auto insurance, which is also known as personal injury protection (PIP) coverage. It pays for some or even all of the medical bills that you or any passengers in your vehicle incur in a car accident.
With this system, you can recover damages regardless of who is at fault. However, in some situations, you may be able to file a claim with the other party’s insurer for additional compensation—it would depend on how serious your injuries are.
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What Goes Into Filing a No-Fault Insurance Claim?
The New York Department of Financial Services (DFS) notes that you should file a no-fault claim within 30 days of the car accident. If you were injured as a passenger, file it with the insurance company that covers the car. If you were a pedestrian, you would file your claim with the at-fault driver’s insurance company.
In the event the other party didn’t have insurance, you may recover damages from your uninsured or underinsured motorist (UM/UIM) coverage. you can also explore other avenues for compensation, such as submitting a personal injury lawsuit.
You May Have the Option to File a Personal Injury Lawsuit
If you wish to take legal action, keep in mind that you are under time restraints. According to CVP § 214, you generally have three years to file a personal injury lawsuit against the other party.
However, this time frame may vary based on your case. An injury lawyer can help you determine how long you have and avoid missing the deadline.
How Do Medical Bills Typically Get Resolved in a Car Accident Case?
Medical bills you incurred after a car accident may include many different kinds of expenses, such as:
- The ambulance
- Hospital stays
- Pain medications
- Imaging scans and blood tests
- Mobility aids
- Physical therapy sessions
- Ongoing care
Every bill you incur must be submitted to the insurance company.
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How Your Car Accident Attorney Will Handle Your Case
If you hire a car accident attorney, they can investigate your accident and collect solid evidence to build your case. Such forms of evidence may be:
- Traffic citations
- Traffic camera footage
- Medical documentation
- Photographs of the damaged cars and the crash scene
- Statements from eyewitnesses
- The police report
After your attorney has collected the evidence and calculated your losses, they will then determine a fair settlement amount and attempt to negotiate a fair settlement that takes into account all of your losses and any outstanding medical bills. You may also be eligible to recover compensation for:
- Pain and suffering: If you’re dealing with pain, discomfort, inconvenience, or distress from your injuries
- Lost income: If you had to take time off work because you couldn’t earn your wages, bonuses, promotions, business opportunities, and other employee benefits
- Future loss of earning capacity: If you won’t be able to return to work or work at the same capacity due to your injuries
- Property damage costs: If your vehicle was damaged or totaled
- Wrongful death damages: Funeral and burial bills, end-of-life care costs, loss of parental guidance and loss of consortium if you lost your loved one in the car accident
Settlement negotiations can take some time, but insurers often agree to settle a case rather than take it to trial. However, in the event neither side can agree on a settlement figure, your injury lawyer will have no problem preparing and proceeding to trial on your behalf.
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Call Dansker & Aspromonte Associates Today for Help With Your Car Crash Case
If you or your loved one was injured in a car accident, contact Dansker & Aspromonte Associates right away. We have won over $500 million for our clients.
Contact Dansker & Aspromonte Associates today to get the help you need and deserve. Our team will offer you a free, no-obligation case review. Because our injury lawyers serve car accident clients on a contingency-fee basis, you pay us nothing unless we win your case.