From our New York City Manhattan offices, and our White Plains Law office in Westchester County, our New York car accident attorneys have represented thousands of car accident victims from all over New York State, including Westchester County, Rockland County, the Bronx, Manhattan, Queens and Brooklyn. One of the most common questions our car accident attorneys hear is “I was in a car accident, who is going to pay my medical bills?”
The answer depends on whether you were an occupant of a vehicle, a pedestrian, a bicyclist, operating a motorcycle or were on a bus. However, unless you were riding a motorcycle, you should never use your own personal health insurance to cover your medical bills because once the insurer finds out that you were involved in a car or truck accident, they will deny coverage for the injuries.
- Vehicle Occupants: Under New York’s No Fault laws, the insurance company for the car or truck which you were occupying at the time of the accident is required to pay for your medical bills and lost wages. It does not matter which vehicle was at fault. It is the responsibility of the insurance company of the vehicle you were in to provide no fault benefits regardless of fault. You only have thirty days to file a no fault application or you may be denied coverage. Our car accident attorneys have the no fault forms in our New York City office and can get your benefits set up during our first meeting at no cost to you.
- Pedestrians: If you were a pedestrian who was hit by a car, then you are entitled to no fault benefits from the insurance company of the car that hit you. There is a thirty day deadline to submit a no fault application. One of the biggest problems in pedestrian knock down cases is finding out who the insurance company is. Often the person who is hit by a car or truck, is taken away to the hospital and doesn’t have the information for the vehicle. Fortunately the New York car accident reports have a section for insurance codes where the police officer writes down the code for the insurance company which you can use to determine which insurance company is responsible to provide you with benefits. Our New York City car and truck accident lawyers can prepare the no fault application and get all of your benefits set up.
- Bicyclists: If you were riding a bicycle and were hit by a car or truck, then the car or truck that hit you has to provide your medical bills and your lost wages. To obtain these benefits, you need to file a no fault application within thirty days of the accident with the insurance company of the vehicle which hit you. You can find out who the insurance company is from the police report, which usually has a New York Department of Motor Vehicle Insurance Code.
- Motorcycles: Motorcycles cases are complicated and require the expertise of an experienced motorcycle accident lawyer. Motorcycle insurance does not usually have no fault benefits available to the motorcycle rider. In some cases, medical benefits may be purchased for an additional premium and if involved in an accident you should consult your insurance broker to determine what coverages you have. If you were hit by a car or truck, then you are entitled to no fault benefits from the car or truck that hit you, the same as a bicycle rider or pedestrian. If you were not hit by a car, truck or other vehicle, you can generally use your own health insurance. If you are uninsured, often emergency medicaid is available.
- Bus Accidents: If you were injured in a bus accident, and you or someone in your household owns a vehicle, your own car insurance company is responsible to provide no fault benefits, which means they have to pay your medical bills and lost wages. If you or someone in your household does not own a vehicle, then the bus company is required to pay for your medical bills and lost wages. Determining the proper party can be tricky. In New York City, the bus company could be either the New York City Transit Authority, the Metropolitan Transit Authority or the New York Bus Company. Our New York City bus accident lawyers can assist you in getting these no fault benefits set up.
If you were injured in a car accident in New York City (Manhattan, Queens, Brooklyn, Bronx) or Westchester or Rockland County, call the New York car accident lawyers today for a free consultation.
What If I Was Working At The Time of the Accident
If you were involved in a car or truck accident while you were working, then you are entitled to Workers Compensation benefits, instead of no fault benefits. In other words, If you were driving a truck, bus, or were a delivery person, then the Workers Compensation Insurance is primary and applies instead of no fault.
What If I Was A Police Officer And Was Injured in a Line of Duty Car Accident
Police officers do not get no fault coverage, or workers compensation benefits, rather, they are covered under New York’s general obligations law their employer, must pay the injured police officer their full salary and pay for all medical care which is necessary to treat the injury.
What If I Was A Passenger Who Was Hit By A Car That Fled the Scene
Hit and Run Accidents
In a hit and run accident, the party responsible to pay your medical bills, depends on whether you or someone in your household owns a motor vehicle. If you or someone in your household owns a motor vehicle, then your insurance company has to pay no fault benefits. Every insurance policy in New York has to have coverage for unidentified motorist benefits. If you do not own a vehicle and there is no car in your household, then the State runs a fund called the Motor Vehicle Accident Indemnification Corp. (MVAIC). This fund is responsible to pay for medical benefits and lost wages in hit and run cases.
Should I use My Medicare or Medicaid Coverage
No Definitely not. Our New York City and Westchester car accident lawyers know all too well what happens when someone uses Medicare or Medicaid instead of no fault. What will happen is that Medicare and Medicaid have a right to be repaid from the proceeds of a lawsuit, for any medical costs which they pay for. No Fault insurance does not have that right, so you will end up losing money on your lawsuit, if you use Medicare or Medicaid, instead of no fault.
What Do I Have to Do To Get No Fault Benefits
To be entitled to No Fault benefits, you need to submit a no fault application within thirty days of the accident to the responsible insurance company. When our car accident personal injury attorneys accept a case in the office, we prepare the no fault application as a courtesy for our clients.
