If you were involved in a car accident in New York, you may be wondering about your right to pursue compensation and legal action. If your injury was severe enough that you need physical therapy, you may be able to sue the at-fault party for the cost of your sessions. To learn more and secure skilled legal representation, reach out to a knowledgeable Rockland County auto accident lawyer and set up your free consultation today.
Is New York a No-Fault Accident State?
New York is a no-fault accident state, meaning that after an auto accident, all injured parties are required to turn to their own insurance provider for coverage.
All drivers in New York must have no-fault benefits, known as Personal Injury Protection (PIP). Regardless of who was responsible for the accident, a basic PIP policy will pay out up to $50,000 for injury-related expenses. This includes hospital stays, doctor appointments, surgeries, medication, treatment, transportation to appointments, wages missed from time taken off work, and more.
Can I Sue for the Cost of Physical Therapy After an Accident in NY?
While you are required to seek compensation through your own insurance for medical-related costs after an accident in New York, there are ways to sue the at-fault party. PIP does not cover expenses like property damage or emotional distress, so victims of car accidents often take legal action for these costs. However, you may also sue for injury-related expenses if you meet the state’s serious injury threshold or if your insurance does not cover your total costs.
New York defines a “serious injury” as a personal injury that “results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.”
Because physical therapy is an injury-related expense, your PIP can cover the cost. However, if you sustained a serious injury or if your policy was not sufficient to cover the costs, you can file a claim or lawsuit against the negligent party for compensation for your rehabilitation. You must be able to prove that the individual was negligent and therefore responsible for the accident. This can be done by establishing that the other individual owed you a duty of care to act with caution, breached that duty of care, the breach of duty directly led to your accident and injuries, and you sustained real damages as a result.
To learn more about the process of recovering compensation, reach out to a skilled attorney today.
