New York: Can Your Claim Cover Accident-Related Medical Bills?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Quick summary: If someone else caused your accident in New York, you can usually recover past and future medical costs as part of a personal injury claim. For automobile crashes, New York’s no-fault (Personal Injury Protection, or PIP) system usually pays medical bills first up to a statutory limit. Health insurers, Medicare, or Medicaid may have repayment or subrogation rights against any settlement. Medical providers may assert liens or seek repayment. An attorney can help you preserve benefits, negotiate or reduce bills, and resolve lien or subrogation claims before you accept a settlement.

1) How medical bills are covered after an accident in New York

If another party is legally responsible (negligent), you can pursue compensation for “economic” damages, which normally include reasonable and necessary medical expenses related to the injury. This means you can recover:

  • Past medical bills (hospital, surgery, rehabilitation, prescription drugs, imaging, etc.).
  • Future medical care reasonably required because of the accident (projected therapy, future surgery, long‑term care where appropriate).
  • Other economic losses (lost earnings, replacement services) tied to the injury.

For auto accidents, New York’s no-fault rules require insurers to pay basic economic loss benefits (including medical expenses) regardless of fault, typically up to the statutory limit. See New York Insurance Law §5102 for the no-fault benefits framework: https://www.nysenate.gov/legislation/laws/INS/5102.

2) No‑fault (auto) vs. liability claim — which pays first?

No-fault (PIP) pays first for qualifying auto accident medical costs so you can get treatment quickly without establishing fault. If your injuries meet the statutory serious-injury threshold, or after you exhaust no-fault benefits, you may sue the at-fault driver for additional damages (including pain and suffering and any medical costs beyond what PIP covered). The same underlying medical bills are recoverable in a successful liability claim as part of your economic damages.

Reference: New York Insurance Law §5102 on basic economic loss and serious‑injury concepts: https://www.nysenate.gov/legislation/laws/INS/5102.

3) Health insurance, subrogation, Medicare and Medicaid

If your private health insurer, Medicare, or Medicaid paid medical bills after the accident, those payors often have a legal right to be reimbursed from any recovery you obtain. This is called subrogation or conditional payment recovery. For Medicare, federal rules require repayment from settlements to protect the Medicare trust fund — the CMS site explains how coordination and recovery works: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Coordination-of-Benefits-and-Recovery-Overview.

Practical results:

  • Your settlement often must address and allocate amounts to repay insurers or government payors.
  • Failing to resolve subrogation claims before you cash a settlement can leave you personally responsible for repayment later.

4) Medical provider claims and liens

Medical providers, hospitals, or treatment facilities may try to collect unpaid balances or assert liens against proceeds from a personal injury recovery. In many cases, counsel can:

  • Negotiate reductions of provider bills or balances.
  • Obtain letters of protection (agreements where the provider is paid from any future recovery) while the claim is pending.
  • Work to resolve or prioritize competing claims so you retain fair compensation for non-medical losses.

5) What to expect when you settle

Settlement checks often go through a process before you receive net funds:

  1. Identify and resolve or negotiate insurer subrogation demands (health insurers, Medicare/Medicaid).
  2. Resolve hospital or medical provider liens or balances (often negotiated down).
  3. Pay attorney fees and litigation costs (most injury attorneys in New York work on contingency).
  4. Receive the remaining net settlement.

Do not sign full release forms or cash a settlement check without verifying how liens and subrogation will be handled. Once you accept and cash an unrestricted settlement, you may give up the insured’s or your ability to force payors to accept less.

6) If you can’t afford treatment now

Options include:

  • Use your no-fault auto PIP benefits (auto crashes) to get immediate care.
  • Use health insurance and notify your insurer about a possible claim; preserve subrogation rights and communicate through counsel.
  • Ask providers about payment plans, hardship programs, or reduced cash-pay rates.
  • Request a letter of protection from an attorney so a provider holds charges pending your recovery.

7) Typical steps you should take now

1) Document everything: medical records, bills, lost time from work, photos, and witness contacts.

2) Notify your insurers promptly (auto, health) to start benefits.

3) Get a medical evaluation and follow through with treatment—untreated injuries can weaken a claim.

4) Consult a personal injury attorney early if fault is disputed, injuries are serious, or multiple payors (Medicare, Medicaid, private insurers) are involved.

Helpful Hints

  • Keep all medical bills and records in one place; they form the backbone of your claim.
  • Tell every treating provider the injury relates to an accident so records and billing link to the claim.
  • Use no-fault PIP for auto-related medical care right away to avoid unpaid bills.
  • Do not ignore collection notices—address them and involve counsel when appropriate.
  • Ask your provider for an itemized bill and request negotiations or discounts in writing.
  • If you have Medicare or Medicaid, disclose any pending claim to avoid later penalties and to meet repayment rules.
  • Before signing anything or cashing a settlement check, confirm how liens and subrogation will be resolved.
  • Contact an attorney early if medical costs are high, recovery is uncertain, or multiple payors seek repayment.

Disclaimer: This article provides general information about New York law and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed attorney in New York.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.