When you’ve been hit by a car, taken in an ambulance to the Emergency Room and having countless tests and scans run, not only wonder how serious are my injuries, but you want to know who pays for my medical bills. New York is a No Fault state, where most but not all vehicles are required to carry insurance that pays medical expenses. In New York, all cars, buses, taxies, and trucks (but not motorcycles) are required to have liability insurance that provides for PIP / Personal Injury Protection coverage. PIP coverage is commonly known as No Fault coverage, and No Fault / PIP is that part of the insurance policy that provides for payment of at least $50,000 of medical expenses and lost wages.
Owners of motorcycles are not required to purchase PIP / No Fault coverage as part of the liability coverage on the motorcycle. This means, if you’re hit by a car while riding on a motorcycle, you may not have PIP / No Fault coverage to pay your medical expenses or lost wages.
If you were riding a bicycle and hit by a car, then you are eligible for PIP / No Fault coverage from a the vehicle that caused the accident, or, in some instances, you are eligible for PIP / No Fault coverage from a policy of insurance on a motor vehicle owned by you or a family member you were residing with at the time of the accident, even if that vehicle was not involved in the accident.
If the vehicle you were riding in was uninsured, then you are eligible to obtain PIP / No Fault coverage through the MVAIC / Motor Vehicle Accident Indemnification Corporation. You need to apply for this coverage within 30 days of the accident, or MVAIC may deny the coverage.
MVAIC does not provide PIP / No Fault coverage for motorcycles.
You should understand that these coverage issues can be complex, and if you have been hit by a car, you shouldn’t delay in obtaining the advice of an attorney experienced in sorting out these coverage issues.
In the worse case scenario, your medical expenses may be paid under a policy of health insurance coverage that you are covered under. One of the huge benefits of the Affordable Care Act is it covers pre-existing conditions, so you can purchase health coverage after the accident that covers the cost of your treatment from the date the health insurance policy becomes effective.
Indeed, if you have PIP /No Fault coverage, but you expect your medical expenses to exceed the coverage limit under the PIP / No Fault coverage, which is typically $50,000), then you should consider purchasing a health insurance policy to pay your medical expenses when the PIP / No Fault coverage is exhausted.
Again, these coverage issues can be complex and confusing, you should consult with an attorney who is experienced in these issues.
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