In New York, a car accident can result in multiple injuries. A victim may sustain back and neck injuries, bone fractures, and spinal cord damage. Their injuries may necessitate surgery and other medical treatments.
Who Pays for Physical Therapy Treatment After a Car Accident?
Depending on the nature and severity of your auto accident injuries, you may require weeks or months of physical therapy. Your health insurance may cover the expense of physical therapy. If you have no-fault auto insurance, your no-fault insurance provider should cover your medical expenses.
However, if another driver caused your injuries, he or she may be liable for the accident’s damages, including your medical expenses.
Although New York is a no-fault state for auto accident claims, drivers are required to purchase at-fault coverage. This means that you are limited in your ability to file a lawsuit against the other driver.
If you can file a lawsuit, it will be your responsibility to show that the other driver caused the car accident. Without proof of causation, liability, and damages, you cannot establish liability for medical expenses and other damages.
Filing Insurance Claims for Physical Therapy After a Car Accident in New York City
New York drivers are required to purchase no-fault auto insurance as part of their auto policy. PIP, or Personal Injury Protection, is an example of no-fault insurance. It pays benefits regardless of who caused the accident.
Therefore, you file a claim for PIP benefits with your auto insurer to cover the cost of physical therapy. PIP benefits must be provided unless:
- You intentionally harmed yourself
- possess an uninsured vehicle
- Were intoxicated at the time of the accident
- Motorcycle or ATV riding
- Injured themselves while committing a crime
- You were operating a stolen automobile.
If your PIP benefits have been exhausted, you can also submit your physical therapy bills to your health insurance provider. When another driver causes a car accident, he or she may be responsible for your economic damages, such as physical therapy costs.
What Happens When the Other Driver Causes the Accident?
All New York drivers must carry minimum liability insurance coverage. When an insured driver causes an accident, liability insurance compensates victims for their losses.
Damages may include economic losses, such as medical bills for injuries. However, it may also include non-economic damages, which are not covered by no-fault insurance.
Before pursuing a liability claim against the other driver, however, you must meet the threshold for serious injuries. Section 5102 of the New York Insurance Code defines severe injuries. If your injuries do not meet this threshold, you cannot file a lawsuit against the negligent driver.
Subrogation Claims for Physical Therapy Bills
If your health insurance company pays for your physical therapy expenses following an auto accident, you may be required to reimburse the company. A subrogation claim gives the health insurer a lien on your personal injury settlement or verdict.
The lien represents the amount paid by the health insurer to treat injuries caused by the car accident. Your automobile accident attorney negotiates the settlement of subrogation claims. This increases the amount of money you receive from a personal injury settlement.
How to Protect Your Right to Compensation for Damages After a Car Accident in New York
The actions you take after a car accident can protect your right to fair and just compensation for injuries and damages sustained in the collision. Among the things you can do to increase your chances of recovering compensation for your claim are:
- Take photographs and film the accident scene.
- Do not admit fault, apologise, or otherwise express regret for the accident.
- Request eyewitnesses’ contact information.
- Seek immediate medical care for your injuries.
- To be reimbursed for out-of-pocket expenses and other economic damages, you must maintain detailed records and proof of financial losses.
- Refer insurance adjusters to your attorney for personal injury
- Avoid making statements and responding to insurance company questions without first consulting an attorney.
You are not required to hire an attorney to handle your car accident claim. Having an attorney on your side, however, can alter the course of a personal injury claim in your favour.
Attorneys have knowledge of the law. They understand how insurance companies operate and the most effective strategies for negotiating fair settlement amounts with insurers. In addition, having a lawyer gives you access to resources, expert witnesses, and legal counsel to fight for the insurance money you are entitled to.
After a car accident, physical therapy may be necessary. Nevertheless, physical therapy can be costly. After an accident, learn how to pay for physical therapy costs.
Contact Our Personal Injury Law Firm
Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.