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Does Health Insurance Affect Your Car Accident Claim?

March 17, 2021
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When it comes to car accidents, New York is what is known as a no-fault state. This means that if you are injured in a car accident – regardless of who is at fault – your claim will process through your own car insurance coverage. The idea behind this is that it helps expedite the compensation process without getting bogged down regarding negligence. It’s important to note that there are exceptions to no-fault coverage and that claims are often quite complicated. An experienced NYC car accident attorney can help.

Your Accident Claim

If someone else’s negligence leaves you injured in a car accident, your own car insurance policy is responsible for covering your economic damages, including your medical expenses (up to at least $50,000) and your lost earnings (due to hours lost on the job). The fact is, however, that medical expenses can add up quickly, including the cost of:

  • Emergency care and transportation
  • Surgery and aftercare
  • Hospital stays
  • Treatment from doctors and specialists
  • Physical therapy
  • Rehabilitation
  • Prescription medications
  • Home health care
  • Adaptive physical devices
  • Ongoing treatment for secondary health concerns

In other words, that $50,000 can quickly be exhausted.

Your Health Insurance

If your expenses exceed what is covered by your no-fault insurance policy, you’ll need to turn to your health insurance policy to make up the difference. Receiving the full range of medical treatment you need is critical to your ability to completely heal, which means that your health insurance can play an important role in your car accident claim.

Your Non-Economic Damages

It’s not uncommon to also suffer non-economic damages in a serious car accident, and these relate to physical and emotional pain and suffering, which can be daunting. New York’s no-fault approach doesn’t cover this category of compensation unless you’ve sustained an injury that the state deems serious, including the following categorizations:

  • Dismemberment
  • Significant disfigurement
  • Broken bone
  • Amputation
  • Loss of a fetus
  • Significant limitation of use of a bodily function
  • Significant loss or limitation of use of a body organ, member, function, or system
  • An injury that stops you from performing the activities that you normally do (for at least 90 of the first 180 days following the car accident)
  • Death

In other words, it’s complicated, and you are well-advised to have an experienced car accident attorney on your side.

It’s Time to Consult with an Experienced New York City Car Accident Attorney

Car accidents are violent, dangerous events, and car accident claims tend to be complex. If another driver’s negligence leaves you or your loved one injured, the skilled car accident attorneys at Lipsig, Shapey, Manus & Moverman – with roots serving the City that reach back over 80 years – are well-positioned to help guide your claim toward a resolution that upholds your rights and supports your best interests. Our legal team takes great pride in helping clients like you fully recover compensation for their physical, financial, and emotional damages, so please don’t hesitate to contact or call us at 212-285-3300 today.


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