If you were just in a car accident in New York, your first concern is probably the bills. Medical costs add up fast, and the last thing you need is confusion about who is responsible for paying them.
Here is the short answer: your own car insurance pays first, no matter who caused the crash. New York is a no-fault state, which means fault does not determine who covers your initial medical costs. Your own policy does. This is counterintuitive to most people. You may wonder “Why does my car insurance pay for my medical bills when the other driver caused the accident?”
The answer is the “no-fault” system in New York. It makes the vehicle you were in responsible for medical payment for a limited amount. However, certain requirements must be met.
In this article, we’ll cover:
- Who pays your medical bills right after the accident.
- What no-fault insurance includes and where it falls short.
- The deadlines you cannot afford to miss.
- When you can pursue the at-fault driver for more.
- What to do if the other driver had no insurance.
Please Note: This article is for general informational purposes only and does not constitute legal advice. Laws and regulations change frequently. The information provided here reflects current law as of the date of publication and may not account for recent updates. Always consult a qualified attorney regarding your specific situation.
New York Is a No-Fault State
Every driver in New York is required by law to carry Personal Injury Protection (PIP), also called no-fault insurance. The minimum coverage is $50,000 per person.
After a crash, you file a claim with the insurance company for the car you were riding in. If you were a pedestrian struck by a vehicle, you file with the insurer of the car that hit you.
This system is designed so that injured people can get medical care right away, without waiting for fault to be sorted out.
What No-Fault Insurance Covers in New York
No-fault pays for more than just hospital bills. Here is the full breakdown:
| Type of Loss | What Is Covered | Limit |
| Medical expenses | All reasonable and necessary treatment | Up to $50,000 per person total |
| Lost wages | 80% of your earnings from work | Up to $2,000/month for up to 3 years |
| Other expenses | Household help and similar costs | Up to $25/day for up to 1 year |
Source: New York Insurance Law § 5102(a)
No-fault does NOT cover:
- Pain and suffering.
- Vehicle damage.
- Medical costs above the $50,000 cap.
- Most motorcycle accidents.
Those are handled separately, and we will explain how below.
Deadlines You Cannot Miss
New York has strict filing deadlines under Regulation 68. If you miss them, your insurer can deny your claim entirely.
| Action Required | Deadline |
| File written notice of your claim | Within 30 days of the accident |
| Submit medical bills to your insurer | Within 45 days of each treatment |
| Submit lost wage documentation | Within 90 days |
Source: New York Department of Financial Services, Regulation 68
There are limited exceptions for good cause, but the safest approach is to act as quickly as possible.
If you are unsure where to start, contact the Law Offices of Eric Richman for a free consultation. Eric and his team have represented car accident victims in New York City and surrounding areas for over 25 years.
What Happens When Your No-Fault Benefits Run Out?
For serious injuries, $50,000 goes fast.
When your no-fault benefits are exhausted, you have a few options:
- Additional PIP coverage: If you purchased optional extra no-fault coverage before the accident, those benefits become available next.
- Your health insurance: Once no-fault is exhausted, your regular health plan can cover ongoing medical expenses.
- Social Security Disability: If your injuries prevent you from working, you may qualify for federal disability benefits.
- A personal injury lawsuit: If your injuries meet New York’s serious injury threshold (explained below), you can file a lawsuit against the at-fault driver to recover costs that exceed your no-fault limits.
Source: New York Department of Financial Services
When Can You Sue the At-Fault Driver?
New York law limits your ability to sue another driver after a car accident. Under New York Insurance Law § 5102(d), you must have suffered a “serious injury” to bring a lawsuit.
What Qualifies as a Serious Injury?
| Category | Examples |
| Death | Fatality resulting from the accident. |
| Dismemberment | Loss of a limb or body part. |
| Significant disfigurement | Permanent visible scarring. |
| Bone fracture | Any broken bone. |
| Loss of a fetus | Pregnancy loss caused by the accident. |
| Permanent loss of use | Total loss of function of a body organ, member, or system. |
| Permanent consequential limitation | Long-term, significant limitation of a body organ or member. |
| Significant limitation | Meaningful loss of use of a body function or system. |
Source: NY Insurance Law § 5102(d), NYS Legislature (revised May 2026)
If your injuries qualify, you can pursue the at-fault driver for:
- Medical bills beyond your no-fault coverage.
- Pain and suffering.
- Future medical costs.
- Lost wages above the no-fault cap.
An experienced attorney can evaluate whether your injuries meet this threshold.
For more information on the serious injury threshold in New York, check out our blog that breaks down everything you need to know.
What If the Other Driver Was Uninsured?
If the driver who hit you had no insurance, you have two main paths, depending on your situation.
If you have your own auto insurance: New York requires all drivers to carry Uninsured Motorist (UM) coverage. Your own policy includes a minimum of $25,000 per person in UM benefits. This coverage pays for medical bills, lost wages, and pain and suffering when the at-fault driver has no insurance or flees the scene. This will effectively require your own insurance to step into the shoes of the defendant driver.
If you have no auto insurance in your household: You may be eligible to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a state program created to protect accident victims when no insurance is available.
To qualify for MVAIC, you must meet all of the following:
- The accident occurred in New York State.
- You were a New York State resident at the time of the accident.
- No auto insurance is available anywhere in your household.
- You were not the owner or spouse of the owner of the uninsured vehicle.
| Coverage Type | Maximum Benefit |
| No-fault (PIP) benefits | Up to $50,000 per person |
| Bodily injury coverage | Up to $25,000 per person / $50,000 per accident |
Source: MVAIC, NY Insurance Law Article 52
Note: MVAIC also has its own strict filing deadlines that differ from standard no-fault deadlines. For hit-and-run accidents, a Notice of Intention must be filed within 90 days. For accidents involving a known uninsured driver, the window is 180 days.
What About Pain and Suffering?
No-fault insurance does not pay for pain and suffering. That is a non-economic loss, meaning it is not covered by PIP.
To recover compensation for pain and suffering, you must file a personal injury lawsuit and meet the serious injury threshold described above. If your case qualifies, you may be able to recover damages for physical pain, emotional distress, and the lasting impact on your daily life.
Frequently Asked Questions (FAQs)
Do I need to prove the other driver was at fault to get my medical bills covered?
No. In New York, no-fault insurance pays for your bills regardless of who caused the accident.
Am I covered as a passenger in someone else’s car?
Yes. Passengers are covered under the no-fault policy of the vehicle they were riding in.
What if I do not own a car or have insurance of my own?
If no household family member has an auto policy, you may still be able to file a claim through MVAIC, depending on your circumstances.
Can the at-fault driver’s insurer pay my bills directly?
Generally, no. You must go through your own no-fault coverage first. The at-fault driver’s liability coverage only becomes relevant if your injuries meet the serious injury threshold or your no-fault limits are exceeded.
Does my health insurance cover car accident injuries?
Health insurance can cover car accident-related expenses, but only after your no-fault benefits have been fully exhausted.
What does an attorney charge for a car accident case?
The Law Offices of Eric Richman works on a contingency fee basis. The fee is one-third of any recovery, and you pay nothing unless we win.
Talk to a New York Car Accident Attorney
The Law Offices of Eric Richman have been representing car accident victims in New York City and surrounding areas for over 25 years. Eric and his experienced team will aggressively fight for the compensation you deserve. We work on a contingency fee basis, meaning you pay nothing unless we win your case.
If you’ve been hurt in a car accident, don’t wait to seek legal help. Call us today at (212) 688-3965, toll-free at (800) 801-9655, or fill out the contact form below to get started.
Sources
- New York Insurance Law § 5102, NYS Legislature (revised May 2026)
- New York Department of Financial Services, Consumer FAQ: No-Fault Insurance
- New York Department of Financial Services, Regulation 68
- Motor Vehicle Accident Indemnification Corporation (MVAIC)
- New York Department of Financial Services, No-Fault FAQ
Legal Disclaimer: The content on this page is provided for general informational purposes only. It does not constitute legal advice and should not be treated as such. Reading this article does not create an attorney-client relationship between you and the Law Offices of Eric Richman. New York’s no-fault insurance laws, filing deadlines, coverage limits, and serious injury thresholds are subject to change. While we make every effort to keep our content accurate and up to date, we cannot guarantee that all information reflects the most current developments in the law at the time you read it. You should always verify current rules with a licensed attorney or a qualified legal professional before making any decisions about your case. Every accident and every injury is different. The outcome of any legal matter depends on the specific facts and circumstances involved.