Who Will Pay My Medical Bills After a New York City Pedestrian Accident?
Pedestrian accident victims often suffer serious, permanently disabling injuries. While you are hospitalized, undergoing surgeries, rehabilitation, and all the other medical care required, you are also worried about who is going to pay for this.
Who pays may depend on the severity of the injuries. Pedestrian accident victims who were severely hurt may file a personal injury lawsuit against the driver if their injuries fall into the categories that New York State considers “serious.” Less serious injuries are covered by the state’s no-fault insurance laws.
The New York City pedestrian accident lawyers at Douglas and London will hold those responsible for your injuries accountable so that you may receive the maximum compensation you deserve. Do not try to negotiate with the insurance company on your own. They will try to settle for as little as possible, putting your future in jeopardy. While most claims are settled, our dedicated lawyers will litigate the case when necessary.
Your Health Insurance
Keep in mind that your health insurance will not cover motor vehicle accident-related expenses. Insurance companies operating in New York State are well aware of the state’s no-fault insurance laws.
No-Fault Auto Insurance
When it comes to auto insurance, New York is a no-fault state. That means the injured party’s own insurance company pays for medical expenses. When a pedestrian is hit by a car, they should file a claim with the driver’s insurance company.
New York mandates that motorists must carry at least $50,000 in bodily injury liability insurance. Many car owners carry more than the minimum since $50,000 does not go far when a serious accident occurs– and the owners do not want to risk their personal assets in a lawsuit. Note that no-fault claims require filing within 30 days of the accident.
In addition to medical expenses, no-fault insurance pays 80 percent of lost wages up to a specific amount. You can receive reimbursement for out-of-pocket medical costs and related expenses– which may include amounts paid to those you had to hire to perform routine tasks, such as cleaning the house or watching your children. Transportation to and from medical appointments relating to your injuries is another out-of-pocket expense you can recover.
Personal Injury Lawsuit
You can file a personal injury lawsuit against the driver and any other parties liable for the accident if your medical expenses exceed $50,000 or the amount of the driver’s coverage. You may also go beyond the no-fault system and file a personal injury lawsuit if suffering a serious injury. This is defined in New York as:
- Death – for which family members can file a wrongful death lawsuit
- Significant disfigurement
- Fetal loss
- Permanent loss of use or function of an organ, member, bodily system or function
- Permanent limitation of use of an organ or member
- Significant limitation of use of a body function or system
Further, if the injury results in the inability to perform your normal activities for 90 days of the first 180 days after the accident, you may file a personal injury lawsuit. Pedestrian accident victims may also file a personal injury lawsuit if the driver was engaged in criminal conduct, such as drunk driving, at the time of the collision.
Pedestrian Accident Damages
In addition to medical bills, no-fault auto insurance should also pay for your lost wages. However, no-fault insurance only covers economic losses. You cannot receive compensation for more subjective issues, such as pain and suffering. However, in a personal injury lawsuit, you may receive damages for pain and suffering and emotional distress, along with your economic losses.
Contact a New York City Pedestrian Accident Lawyer
If you or a loved one were seriously injured by a negligent driver, you need the services of the experienced New York City pedestrian accident lawyers at Douglas and London. We offer free consultations, so fill out our online form or call or text us 24/7 to schedule an appointment.
Our track record speaks for itself, as our attorneys have recovered over $18 billion for clients in verdicts and settlements. You never pay a fee unless you receive compensation, as we take personal injury cases on a contingency basis. Hablamos Español.