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Car accidents tend to happen when you least expect them to. They can be terrifying and lead to painful injuries. And for many New Yorkers, they also come with hefty medical bills.  

FAQ About Paying Medical Bills After a Car Accident in New York 

Who pays my medical bills after a car accident in New York?

In most cases, your own Personal Injury Protection (PIP) insurance pays your initial medical bills after a car accident in New York, regardless of who caused the crash. New York is a no-fault state, meaning injured drivers and passengers typically turn to their own PIP coverage first for medical expenses and certain other losses.

What does New York no-fault (PIP) insurance cover?

New York PIP insurance generally covers necessary medical treatment, a portion of lost wages, and certain out-of-pocket expenses such as transportation to medical appointments or household help. The minimum required PIP coverage is $50,000, but some drivers choose higher limits for added protection.

Do I need to prove the other driver was at fault to use PIP insurance?

No. Under New York’s no-fault system, you do not need to prove fault to receive PIP benefits. Your insurance should pay eligible medical bills even if you caused the accident, which allows you to get treatment quickly without waiting for fault to be determined.

When can I sue the other driver for medical bills and other damages?

You may file a lawsuit against the at-fault driver if your injuries meet New York’s legal definition of a “serious injury.” This includes injuries such as fractures, significant disfigurement, permanent loss or limitation of a body part or function, or disability for at least 90 days within the first 180 days after the accident.

What happens if my medical bills exceed my PIP coverage?

If your medical expenses go beyond your available PIP coverage, you may be able to seek compensation from the at-fault driver through a personal injury lawsuit—provided your injuries qualify as serious under New York law. Additional compensation may also come from health insurance or other applicable coverage.

Can I still recover compensation if I was partially at fault for the accident?

Yes. New York follows a pure comparative negligence rule. This means you can still recover compensation even if you were partly responsible for the crash. However, your total compensation will be reduced by your percentage of fault.

Should I talk to a lawyer before dealing with medical bills after a car accident?

Speaking with a car accident lawyer can be very helpful, especially if your injuries are serious or your medical bills are significant. An attorney can explain your rights, help you navigate PIP claims, and determine whether pursuing a lawsuit against the at-fault driver makes sense in your situation.

If you’ve just been involved in a crash, you might be wondering: Who is responsible for my medical bills? 

The answer depends on the circumstances of your accident. Here’s a closer look. 

How New York’s No-Fault Insurance Laws Work 

In New York, drivers generally must carry liability insurance to pay for various losses if they cause an accident, along with personal injury protection (PIP) insurance to cover medical costs if they’re hurt in a crash. Here are the minimum liability requirements for most drivers: 

• $25,000 bodily injury/$50,000 death for one person in an accident 
• $50,000 bodily injury/$100,000 death for two people in an accident 
• $10,000 property damage 

The state also requires drivers to carry at least $50,000 in personal injury protection. If you get hurt in a car accident (regardless of fault), PIP will cover your medical care and partial wage replacement. It may even pay for childcare, housecleaning, or other essential services you need while recuperating. 

New York’s PIP requirement is higher than that of many other states. If you wish, you can also purchase additional PIP insurance. 

When Do You Need to File a Claim With Your Own PIP Insurance? 

No-fault insurance laws are designed to make it easier for injured drivers to seek medical care after a car accident. In cases involving mild to moderate injuries, drivers can often get their medical care paid for without having to go through the often-complex process of determining fault. 

In most cases, it’s a good idea to file a claim against your PIP insurance and seek medical care as soon as you can. Making a PIP claim now doesn’t mean you won’t be able to file a lawsuit later. 

When Can You File a Lawsuit? 

Like many no-fault states, New York allows injured drivers to sue in some circumstances. If your injuries meet the definition of “serious” as outlined in state law, you may sue the at-fault party (or parties) for damages. 

Your injury qualifies as “serious” if it includes one or more of the following elements: 

• Fracture 
• Dismemberment 
• Major disfigurement 
• Death 
• Loss of a fetus 
• Loss of a body part or function 
• Significant limitation of a body part or function 

You may also have a serious injury if you suffered 90 days of disability out of the 180 days right after the accident. 

In some cases, it may be obvious that your injuries qualify as serious under the law, but that’s not always the case. If you’ve been hurt in a car accident in New York, schedule a consultation with Silberstein & Miklos. We can discuss your case and help you understand your options for seeking compensation. 

Can You Still File a Lawsuit if You’re Partially Responsible? 

In some cases, car accidents are 100% the fault of one party. In others, multiple drivers may play a role. If your collision was the latter type, the good news is that you’re probably eligible to file a lawsuit. 

New York is what’s known as a pure comparative negligence state. This means that you can still file a lawsuit if you were partially at fault for an accident (and your injuries meet the statutory definition of “serious”). This is true even if you were 99% at fault and the other driver was 1% at fault. 

However, there’s a catch: If you manage to recover compensation, it will be reduced by your assigned percentage of fault. For example, let’s say you were speeding when a car veered over the double yellow line and hit your vehicle. A jury later determines that you were 20% at fault. 

If you filed a lawsuit and the court awarded you $100,000 in damages, it would be reduced by 20%, meaning you would only receive $80,000 in total compensation. 

Even if you’re eligible to file a lawsuit, doing so isn’t always the best course of action. A car accident lawyer can help you decide whether pursuing litigation makes sense in your situation. 

Ask4Sam for Legal Help After Your Car Accident 

If you’ve been hurt in a car accident, you’re probably feeling overwhelmed and uncertain of what to do next. Fortunately, you don’t have to figure it out alone. Silberstein & Miklos can help you make sense of your options and determine where to go from here. Contact us today for a free, no-obligation consultation.