In New Jersey or New York, you pay for your medical expenses after an accident through a personal injury protection (PIP) insurance claim, regardless of fault. However, you can file a lawsuit against an at-fault party for pain and suffering damages or if your injuries are severe enough to exceed specific thresholds.
Insurance companies may attempt to offer you less than you deserve. As such, you should speak with a personal injury attorney before filing a claim. We can protect your rights while ensuring that your case does not miss any critical deadlines, which can result in a denial of payment for your medical expenses.
How to Pay for Your Medical Expenses After an Accident
You can file a claim against your insurance company after someone else causes your accident. However, all situations are unique, and some may follow different rules than others.
How you pay for your medical expenses after an accident depends upon the type, including:
- Motor vehicle accidents
- Construction accidents
- Premises accidents
Motor Vehicle Accidents
When filing a motor vehicle accident claim, you have to submit your documentation promptly. You have up to thirty (30) days following the accident. If you miss this deadline, then the insurance company could deny payment for medical expenses.
You can also recuperate losses associated with out-of-pocket medical expenses you incurred. It is possible to receive up to $25 (twenty-five dollars) per day in incidental expenses.
When injured on the job, construction workers can pay for their medical bills through a workers' compensation claim. If your employer does not carry workman's comp, then you can file a non-subscriber case against them in civil court for medical bills.
Additionally, construction workers can also sue property owners and other contractors under a third-party claim. Labor Laws 200, 240, and 241 offers protection to construction workers who are injured due to negligent contractor or property owner actions.
Premises Liability Accidents
Under a premises liability case, such as a slip and fall accident, the injury victim is responsible for their injuries, unless property owner negligence is involved. In this situation, you can file a claim against the property owner, store manager, or other at-fault parties to obtain medical expense benefits. There may also be “med pay” benefits available through their policy as well.
However, the most practical way to obtain money for medical expenses is to determine which insurance companies and parties are involved and lawfully making a claim against them.
11 Tips for Handling the Insurance Claim Process
Your actions after an accident affect the amount of money you can for your medical expenses after an accident. Therefore, you should speak with an attorney after an accident as a proactive measure. He or she can at least provide you with some direction.
Here are 11 tips for handling the insurance claim process after an accident:
- Tip #1: Stay polite and calm when you initiate your claim over the phone.
- Tip #2: Write down the name and agent ID of the person with whom you speak.
- Tip #3: Avoid making any remarks that speculate on what you think may have happened.
- Tip #4: Even if it seems unrelated, do not discuss your personal information, such as work information, income, pets, or children.
- Tip #5: Do not discuss your injuries with the adjuster.
- Tip #6: Take general notes about what was discussed during the conversation.
- Tip #7: If they push to settle immediately, ask them to make an offer, and that you will review it with your lawyer.
- Tip #8: Do not give any recorded statements.
- Tip #9: Get an accident attorney involved to avoid making legal mistakes with the insurance company.
- Tip #10: Keep all copies of letters, forms, and invoices you receive.
- Tip #11: Record your emotional state and pain levels in a personal journal every day.
While it may seem overly cautious to take a distant approach with the insurance company, several reasons for this strategy exist. Insurance companies hold a financial interest in offering you less money after an accident if you make any statements that give them an opening.
Insurers Ask Sneaky Questions
It can be challenging to pinpoint an insurance adjuster's motive when asking you questions. Some discussions seem like pleasant banter. Others appear to be a series of questions that you think you are required to answer.
Know When to Get Legal Help
The person who is best-suited to negotiate an accident injury case is an attorney. If the insurer does not pay you what laws allow, we can pursue other legal options without missing a step.
When to Get a Car Accident Attorney Involved
Get a car accident attorney involved in your case as early on in the process as possible. We will avoid making negotiation and legal mistakes, which negatively impact the outcome of your case. In some situations, it is not immediately clear if it is worth it to hire an attorney.
Consider speaking with a lawyer after an injury if you are experiencing any of the following:
- Settlement offer reductions
- Counterclaims against you
- Emotional distress
- Not receiving the money you deserve
- Not receiving payments promptly
- Not receiving any money at all
- Asked to make recorded statements
- Other legal issues
When someone else causes your accident injuries, state and federal laws protect your right to compensation. However, it can be challenging to get the money you deserve since insurance and personal injury laws are complicated. A personal injury lawyer in New York or New Jersey will help you determine the legal options you have available.