在纽约发生车祸后,谁来支付医疗费?

当你在与另一名驾车者的碰撞中受到严重伤害时,你可能想知道的第一件事是"谁来支付车祸中的医疗费?"考虑到你可能有医疗费用需要支付,并且已经错过了工作时间,这当然是一个合理的问题。这也是一个并不总是有直接的答案。谁在车祸后支付医疗费取决于许多因素,包括你的伤害是否足够显著,以满足纽约的严重伤害门槛,因此绕过其无过错系统。

纽约的医疗账单和无过错保险

New York is a no-fault state when it comes to auto insurance. This means that your own insurance company should pay your medical expenses regardless of who caused the accident. If you were the passenger in someone else’s vehicle and sustained injuries in an accident, his or her auto insurance carrier should pay your medical expenses under the no-fault statute. When you’re hit by a vehicle while walking or riding a bicycle, the insurer of the driver who struck you is responsible for paying your medical expenses. This also applies to other non-motorized forms of transportation, including rollerblading, skateboarding, and riding a scooter.In all cases, the typical maximum payout for medical care lost wages, and other costs associated with the accident is $50,000. Some people purchase additional coverage under their insurance company’s no-fault coverage but this isn’t mandatory. Unfortunately, the thought of your insurance company capping your payout at $50,000 is little comfort if you have sustained serious injuries that require extensive medical care and time away from work. When your car accident claim exceeds policy coverage, you would be responsible for paying the rest out of your own pocket. Many seriously injured people consider filing a personal injury lawsuit when they realize that they will need to pay significant expenses themselves due to injuries caused by the negligence of another person. It’s important to note that personal injury protection (PIP), also known as no-fault, doesn’t provide you with compensation for things such as pain and suffering or emotional distress. To learn more about no-fault insurance, visit FAQ: How Does No-Fault Insurance Work?

医疗保险是否涵盖车祸?

Most health insurance carriers will pay towards your medical expenses associated with a car accident once you have exhausted your no-fault coverage. However, each private insurer, as well as Medicare and Medicaid, have their own limits on the payment of claims. If you pursue a personal injury lawsuit and win, private and government health insurance carriers have the right to seek reimbursement for claims paid. One thing to be especially careful about if you do reach a settlement with the other party is that your medical providers may engage in a practice called balance billing. This means that they may attempt to bill you directly for the amount that the insurance company wrote off or forced the hospital or clinic to negotiate. The practice is not only unethical, but states are increasingly passing legislation against it. Your health insurer can attempt to recover monies it paid on your behalf if you win a settlement. This is called subrogation. However, you should not be responsible for paying the difference between the amount it billed your insurance company and the amount your insurance company actually paid. If you feel that medical providers are intimidating you or treating you unfairly, you have the right to seek legal representation.

纽约的重伤门槛(Heavy Injury Threshold)

纽约是12个无过错州之一,允许人们在严重伤害的情况下绕过该系统。州法律将严重伤害定义为以下一种或多种情况:

  • 死亡
  • 肢解
  • 严重毁容
  • 丧失胎儿
  • 裂缝
  • 身体成员或器官的永久性丧失
  • 身体系统或功能的重大限制。
  • 任何非永久性伤害,使伤者在事故发生后180天内至少90天内无法履行其典型的日常责任和例行工作。

虽然国家确实提供了一份清单,但有时仍会让受伤的人感觉模糊不清。如果你觉得自己符合重伤的定义,并希望继续进行诉讼,那么尽快与人身伤害律师交谈是对你最有利的。其中,他或她可以帮助澄清你的具体伤害是否属于国家的重伤门槛。

了解更多关于您在车祸后的权利

Knowing who is responsible for paying medical bills after a car accident can be a complex issue, especially when a hospital, insurance company, and third parties are involved. A knowledgeable automobile accident attorney can protect you from unintended outcomes as well as help you understand your legal rights and options when it comes to paying for care due to a motor vehicle accident.If you've been involved in a crash and have questions about you pays medical bills after a car accident or would like to discuss your legal options to recover compensation, contact our personal injury law firm today for a free consultation. Complete the contact form online or call 212-268-3222 to speak with a New York accident attorney about your claim.

Howard Raphaelson
Howard A. Raphaelson在1992年从Benjamin N. Cardozo法学院毕业后,创立了Raphaelson & Levine Law Firm, P.C.。他的人身伤害律师事务所成立于纽约州的纽约市,他的律师事务所已经获得了许多百万美元的判决。凭借超过25年的人身伤害律师经验,他赢得了同行、法官和高层领导的信赖,包括被评为"超级律师"(汤森路透)和"纽约最佳律师"(纽约杂志)的前5%伤害律师。
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