Paying For Hospital Bills/Vehicle Damages from a Car Accident

Written on January 9, 2019. Posted in Blog, Car Accident.

Paying For Hospital Bills and Damages to Your Vehicle When in a Car Accident

If you get into an accident with another car, one of the first things to likely cross your mind is the expenses you could rack up.

Because the Bronx is in New York state, your medical expenses are generally covered by your own automobile insurance carrier. Which driver pays for the property damage will be determined by who is found to be at fault for the accident. Who is “at fault” in a “no-fault” car accident may be up for debate and argument. If you find yourself needing to substantiate your claims or validate your accusation that another was at fault, a no-fault car accident attorney can help advocate on your behalf.

Getting Help With Hospital and Doctor Visits with PIP

New York is one of a small group of states that are considered no-fault insurance states because the vehicle you were driving or a passenger in is required to carry personal injury protection insurance. With PIP insurance, you don’t need to worry if you get injured in an automobile accident, as the automobile insurance of the car you were in at the time of the accident will cover your hospital and medical bills no matter who is at fault and no matter the status of the other driver’s insurance.

To get this coverage, you must file a no-fault claim within 30 days of the accident. Those who provide your medical care following the accident must also file their bills in a timely manner. Your insurance, or the insurance of whatever vehicle you were in at the time of the accident, will pay up to $50,000 for necessary medical expenses. You can also receive up to $2,000 per month for lost earnings. These dollar amounts get higher with better coverage.

Our experienced auto accident attorneys in the Bronx can help you file your no-fault claims so you can focus on recovering from your injuries. Give our accident injury lawyers a call today so we can evaluate your case and determine the best next steps.

How Much Can I Claim For My Pain and Suffering?

While minor injuries result in a claim with your no-fault insurance, you can file a claim for personal injury damages against the other vehicle if your injury meets the “serious injury” threshold according to state law. In New York, a serious injury can include dismemberment, fracture, loss of a fetus or body organ, significant disfigurement, or death. You can also prove a serious injury when you are able to show that you sustained a “consequential limitation of use of a body organ or member, and/or a significant limitation of use of a body function or system”. This can apply to injuries to your head, neck, back, arms and legs when you do not have a broken bone.

Injuries that limit or disable you for at least 90 days out of the first 180 days after the accident can be considered serious injuries and eligible for damages. Other injuries, such as herniated discs and muscle strains, which are considered “soft tissue” injuries, can also be eligible for damages, but their permanent effect on your life needs to be proven.

We can help you prove your case and receive damages for injuries you’ve suffered in a car accident. If you’ve been injured and are unsure as to whether you should file a claim, call our law firm today so we can evaluate your case and help you determine your options.

Who Pays For The Damage to My Car?

While medical expenses will be paid through no fault benefits, property damage is still considered fault-based. To make a property damage claim in New York, you need to determine who is at fault, or who was negligent. There are three types of negligence used in various states. New York uses “pure comparative” negligence, which lets you recover your losses in proportion to your negligence in the accident.

Often, both drivers have a contributory fault in an accident, so each will take a share of the blame and the costs. For example, if you were 25 percent at fault for a $1,000 property damage crash, you may receive a settlement of $750, but not the total $1,000.

Fault is mainly determined by how state traffic laws apply to what happened in the accident, and what was noted in the police report if there is one. An officer will provide his or her analysis of the crash, what laws were broken and what substances may have been involved, and he or she may also give an opinion on who is at fault in the report.

Getting the Compensation You Deserve

If you or a loved one were involved in a no-fault car accident, contact our auto accident Bronx law firm today to get the representation and advocacy you deserve. We will help you recover any monies rightfully owed to you for medical bills and repairs to your car. Our team of highly experienced and talented car accident attorneys will fight hard on your behalf. Contact your Bronx Accident Attorney, Kerner Law Group, P.C., located in the Riverdale – Kingsbridge section of the Bronx, we’ll investigate and negotiate with the insurance company of the negligent party and work on settling your claim and obtaining compensation for your injuries and pain and suffering. Call us at (718) 796-7900 to schedule a FREE Consultation online so we can evaluate your personal injury case.