Who Pays Your Medical Bills After a Car Accident in New York?
It is the first practical question after a collision, and the answer surprises people: in New York, your own insurance company pays — even when the crash was entirely the other driver’s fault.
No-fault, in plain terms
New York is a no-fault state. After a motor vehicle collision, your own insurer pays your reasonable medical expenses and a portion of your lost earnings up to the basic policy limit of $50,000, regardless of who caused the crash. The system exists so that treatment is not held up while fault is argued about.
The coverage generally extends to the driver, passengers, and pedestrians struck by the vehicle. If you were a passenger, the vehicle you were riding in is usually the place the claim starts.
The 30-day form
To open the claim, a no-fault application — the NF-2 — must reach the insurer within 30 days of the accident. This is the deadline that quietly costs people the most, because nobody hands it to you at the scene and the hospital will not file it for you.
Your treating providers then bill the no-fault carrier directly, and there are separate deadlines that apply to them: medical bills are generally due to the insurer within 45 days of treatment.
What the $50,000 covers, and what happens when it runs out
Basic no-fault covers medical treatment, hospital care, diagnostic imaging, physical therapy, prescriptions, and 80% of lost earnings up to a monthly cap, plus a small daily allowance for other reasonable expenses. It is a single pot: wages and treatment draw on the same $50,000.
With a serious injury, that runs out. What comes next depends on what else is available — optional basic economic loss coverage if it was purchased, your own health insurance, and ultimately the liability claim against the driver who caused the collision.
When the insurer cuts you off
This is common and it is not the end of the road. Carriers frequently terminate benefits on the strength of an independent medical examination — an IME — performed by a doctor the insurer selects and pays. A report saying you have reached maximum benefit is a basis to challenge, not a verdict.
Denials and terminations can be disputed, and treatment already rendered can be pursued. If your benefits have been cut off while you are still in pain and still treating, that is a reason to speak to someone rather than to stop going to your appointments — gaps in treatment are used against you later.
What no-fault does not pay for
Not pain and suffering. Not loss of enjoyment of life. Not the permanent consequences of a serious injury. Those belong to a separate claim against the at-fault driver, and to bring it you must meet the serious injury threshold defined in Insurance Law § 5102(d) — fracture, significant disfigurement, permanent or significant limitation of use, and several other defined categories.
That is the practical division. No-fault keeps the lights on. The liability claim addresses what the injury actually did to your life.
Liens and repayment
If your health insurer, Medicare or Medicaid paid for treatment, they may have a right of reimbursement out of any eventual recovery. These liens are negotiable, and reducing them is part of the work — the figure that matters to you is what reaches you at the end, not the headline settlement number.
If a bus or city vehicle was involved
The 90-day Notice of Claim rule under General Municipal Law § 50-e applies to claims against the MTA, NYC Transit and the City of New York, and it runs alongside — not instead of — the no-fault deadlines. See bus accidents.
Getting help with it
Most people do not want to become experts in no-fault procedure while recovering from a crash. We handle the forms, the deadlines and the disputes with the carrier, and there is no fee unless we win. Our office is in Fresh Meadows, Queens, and we act for injured people across Queens, Brooklyn, the Bronx, Manhattan and Staten Island.
Talk to us
The consultation is free and there is no fee unless we win. Call (718) 328-8001 or tell us what happened.
More from the blog
- What to Do After a Car Accident in Queens
- How Long Do You Have to File an Injury Claim in New York?
- What Is My Personal Injury Case Worth in New York?
This article is general information about New York law, not legal advice about your situation, and reading it does not create an attorney-client relationship.