Visitor Question

Can I get paid Medical Expenses with No Fault Insurance in NY?

Submitted By: Tonny (Forest Hills, NY)

Last week, somebody hit my car from the back. While i stopped for the red light, one car just keep moving and struck my car from the back.

My wife was injured and she got two stitches on her head. Two days later, the insurance company from the car that hit me called, and they said that they will take responsibility and will cover my car damages. But for my wife’s medical expense, because she had to go to ER, they said that i have to get it from my own insurance – no fault insurance. They said it’s NY state law.

Is there any way that i can ask them to pay my wife’s medical expense, so that i dont need to claim my own insurance? I’m afraid that my premium will hike after this.

please help. thank you in advance.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tonny,

It seems odd that they would only pay your property damage but not your wife’s personal injury, particularly if they are not denying liability.

While it is true that you can also seek compensation from your own insurance company, this may raise your rates in the long run.

I would contact them again and get the legal basis as well as a written denial letter for your wife’s medical expenses.

This may cause some action on their part.

Once you get the legal basis, re-post your concerns so that we can help you further.

In addition, I would see what type of uninsured policy you have since, after all, that is what insurance is for.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 9, 2010

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