- September 10, 2024
- Tucker Law
- Car Accident Lawsuits
Find Out Who Pays for PT After a Car Accident in NY
Car accidents can leave you with severe injuries that require physical therapy in order for you to get better. If you need physical therapy over an extended period of time, it can quickly become expensive, and it is natural to wonder if insurance will cover the cost.
The answer depends on factors such as the insurance coverage you have and the circumstances involved in the accident, in particular who was at fault. If you have health insurance, this might cover costs of physical therapy, and if you have no-fault car insurance, which is required for drivers in New York state, physical therapy bills should be covered up to the limits of your policy. Since New York also requires drivers to purchase at-fault car insurance, if the accident was caused by another party’s negligence or fault, you may be able to go after the other driver to collect the costs of therapy and other damages through their insurance or through a personal injury lawsuit.
However, New York laws are complicated, and insurance companies are out for profit and will often try to deny claims, get you to settle for less than your case is worth, or even trick you into saying something that makes it seem as if the accident was your fault. Making mistakes can cost you the compensation you deserve, so you should know what your rights are and how to proceed to get your expenses paid for.
Whether you are trying to collect from insurance or bring a lawsuit, it can help to consult with an experienced New York personal injury attorney who can evaluate your case, determine the options you have, and fight for compensation for necessary physical therapy and all accident-related damages.
Getting No-Fault Auto Insurance to Cover Physical Therapy
New York requires all to carry at least $50,000 in personal injury protection (PIP) coverage as part of their automobile insurance. This is no-fault insurance that means you first turn to your own PIP policy after an accident, regardless of fault. Your insurance should cover the cost of medical expenses, physical therapy, and other rehabilitative care — up to your policy limits.
There are some exceptions to when PIP will pay, however. It will not pay if you:
- Intentionally caused your injuries
- Own an uninsured motor vehicle
- Were intoxicated when the accident happened
- Were riding a motorcycle or ATV
- Were injured while committing a felony or when driving a stolen vehicle.
If your medical and physical therapy costs are greater than your PIP coverage amount, you may have other options to pay the difference. Depending on your situation, this may be through supplemental auto insurance, your own health insurance, the other driver’s insurance, or a personal injury lawsuit against the other driver.
Who Pays When the Other Driver is At Fault?
While injured motorists must turn to their PIP policy for coverage first, there are exceptions when another driver is at fault. If you sustained a serious injury as defined by New York State law Section 5102 and you have reached your personal policy limits, you could recover additional compensation for rehabilitative care and other losses by filing a claim against the at-fault party’s liability insurance provider. All New York motorists must carry a minimum of $25,000 in bodily injury liability coverage per person.
Serious injuries may include the following:
- Fractures
- Significant disfigurement
- Dismemberment, loss of a body organ or system
- Loss of a fetus
- Significant limitation or permanent loss of the use of a body function,
- Death.
In addition, any medically determined impairment or injury that prevents you from performing substantially all daily activities for at least 90 of the 180 days immediately following the car accident may be considered a serious injury.
When Does a Lawsuit Pay for Physical Therapy?
To obtain compensation through a lawsuit, you’ll have to prove that your injury meets the requirements set out by the state and that another party caused the accident. According to the law, if your economic losses are over $50,000, or you suffered “serious injuries,” as noted above, you can bring a lawsuit to sue all individuals or entities (the defendants in the case) that were negligent, at fault, or contributed to the accident.
To win your lawsuit, your car accident attorneys will have to show that the defendant was negligent and caused the accident, and that you suffered damages as a result. This means proving legally that:
- The defendant owed you a duty of care not to cause harm.
- The defendant breached that duty by actions or failing to act.
- This breach caused your injuries.
- The injuries resulted in actual damages.
If you win the case, you may receive compensation for physical therapy expenses and other medical costs, as well as property damage and lost wages, beyond your policy limits. These are called economic damages, and cover your financial losses. You could also receive compensation for non-economic damages, which do not have a specific dollar value, but negatively impact your life. These may include physical pain and emotional trauma you suffered from the accident.
Do I Need a Car Accident Lawyer to Recover Costs for PT?
If your injuries are minor and your medical bills are covered by your PIP policy, you should not need a lawyer to recover your costs for PT. However, if your costs go beyond the limits of your insurance, the insurance company is not willing to pay fair compensation, and it looks as if a lawsuit may be your best option, you should consult with an experienced car accident lawyer. A good lawyer will know how to analyze and prepare your case so that your compensation will cover not only physical therapy, but all of the damages you are owed.
If you or a loved one has been injured in a serious car accident, the skilled and experienced attorneys at Tucker Lawyers can help. We have won large settlements and jury awards on behalf of clients who have been injured in car accidents, and we are fully prepared to handle investigations, legal hurdles, negotiations and court requirements to see that you get the compensation you need to pay for PT and your other damages.
We offer a free consultation to evaluate your case and determine the best way to handle it. We work on a contingency basis, so there is no cost to you unless or until we win your case. Our priority is getting you the help you need to get you back on the path to wellness and financial wholeness.
Call our NYC car accident lawyers at Tucker Lawyers today to get started.
GET HELP NOW (516) 399-2364.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]