Passenger Injuries – Who Pays for Your Medical Bills?

No-Fault Insurance: Your First Line of Coverage

In New York, the primary source of coverage for passenger injuries comes through the state’s no-fault insurance system. Here’s what Bronx residents need to know:

What No-Fault Insurance Covers

No-fault insurance (also called Personal Injury Protection or PIP) typically covers:

• Medical expenses
• Lost wages (up to 80% with a maximum of $2,000 per month)
• Reasonable and necessary expenses ($25 per day for up to one year)
• $2,000 death benefit in addition to the basic economic loss benefits

Whose Insurance Pays When You’re a Passenger?

As a passenger injured in a Bronx accident, your medical bills are typically covered by:

1. The vehicle’s insurance policy: The no-fault insurance of the vehicle you were riding in is primarily responsible for your medical bills, regardless of who caused the accident.
2. Your own auto insurance: If you have your own auto insurance policy, it may provide additional coverage if the vehicle’s policy limits are exhausted.
3. Household member’s insurance: If you don’t have your own insurance but live with a relative who does, their policy might cover you.
4. New York Motor Vehicle Accident Indemnification Corporation (MVAIC): If neither you nor any household member has auto insurance, and the vehicle you were in was uninsured, MVAIC may provide benefits.

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When No-Fault Insurance Isn’t Enough

No-fault insurance in New York has limitations. The standard policy provides $50,000 in basic economic loss coverage, which may not be sufficient for serious injuries requiring extensive treatment. Additionally, no-fault insurance doesn’t compensate for pain and suffering.

Going Beyond No-Fault: When You Can File a Liability Claim

When your injuries meet New York’s “serious injury” threshold, you can step outside the no-fault system and pursue a liability claim against the at-fault driver. Serious injuries include:

• Fractures
• Significant disfigurement
• Permanent limitation of the use of a body organ or member
• Significant limitation of the use of a body function or system
• Substantially full disability for 90 days

A successful liability claim can provide compensation for:

• Medical expenses beyond no-fault coverage
• Full lost income
• Pain and suffering
• Emotional distress
• Reduced quality of life

How Our Bronx Personal Injury Attorneys Can Help

At Apicella & Schlesinger, our experienced Bronx attorneys understand the complexities of passenger injury claims and can:

• Determine all potential sources of insurance coverage
• File no-fault applications correctly and on time
• Gather evidence to support your claim
• Work with medical providers to document your injuries properly
• Negotiate with insurance companies for fair settlements
• Take your case to trial if necessary

Call Apicella & Schlesinger – Bronx Passenger Injury Attorneys

If you were injured as a passenger in a car accident, don’t leave your medical bills and legal rights to chance. The aftermath of an accident can be overwhelming, but you don’t have to face it alone. At Apicella & Schlesinger, we bring over 45 years of experience fighting for the injured in the Bronx and throughout New York City. Our team is ready to stand by your side, explain your options, and help you pursue the maximum compensation you’re entitled to.