Pedestrian Accident in Jackson Heights or Flushing: Who Pays Your Medical Bills?
Pedestrian accidents in busy Queens neighborhoods like Jackson Heights and Flushing happen far too often. If you’ve been struck by a car while walking, you’re likely facing urgent questions about your medical bills, lost wages, and what steps to take next. The aftermath of a pedestrian accident can be overwhelming—especially when it comes to figuring out who is responsible for paying your medical expenses under New York law.
Understanding Who Pays After a Pedestrian Accident in NYC
New York is a “no-fault” state for car accidents, and this system applies to many pedestrian accidents as well. If you are hit by a vehicle while walking in Jackson Heights, Flushing, or anywhere in NYC, the vehicle’s car insurance—not your own health insurance—is usually the primary source for your medical bills. This is true even if you do not own a car or have your own auto insurance.
The driver’s insurance company is responsible for providing up to $50,000 in “no-fault” or Personal Injury Protection (PIP) benefits. These benefits cover reasonable and necessary medical treatment, a portion of lost wages, and certain other out-of-pocket expenses—regardless of who was at fault for the accident.
Real-World Example
Imagine you’re crossing Roosevelt Avenue in Jackson Heights and a distracted driver fails to yield while turning. You’re knocked to the ground and suffer a broken leg. Even if the driver claims you “darted out,” you can file a no-fault claim with the vehicle owner’s insurance to pay for your hospital bills, follow-up care, and some lost income while you recover.
What If My Injuries Are Serious?
No-fault insurance only covers up to $50,000, and only for “basic economic loss.” If your injuries are severe—such as fractures, significant disfigurement, or any injury that keeps you from performing your usual activities for at least 90 of the 180 days following the accident—you may meet New York’s “serious injury threshold.” When this happens, you have the right to pursue a separate personal injury lawsuit against the at-fault driver for pain and suffering, additional medical expenses, and other damages that no-fault does not cover.
Statute of Limitations: How Long Do You Have?
In New York, you must file a no-fault claim within 30 days of the accident to receive benefits. If you decide to pursue a personal injury lawsuit, you generally have three years from the date of the accident to file your claim. However, if a city-owned vehicle was involved (such as an MTA bus), you may have as little as 90 days to file a notice of claim. Missing these deadlines can jeopardize your right to compensation.
Common Mistakes After a Pedestrian Accident
- Missing the 30-day no-fault deadline: Waiting too long to submit your claim can result in denied coverage.
- Not seeking immediate medical care: Gaps in treatment can be used against you by insurance companies.
- Giving recorded statements too soon: Insurance adjusters may use your words to minimize your claim.
- Settling too quickly: Accepting a quick offer can prevent you from obtaining full compensation for long-term injuries.
Protect Your Rights: Get Help from an Experienced NYC Personal Injury Attorney
If you’ve been hit by a car in Jackson Heights, Flushing, or anywhere in Queens, you don’t have to face the insurance companies alone. At Rozhik Law Firm, we understand the unique challenges pedestrians face after an accident in New York City. Our team will fight for your rights, explain your options, and help you pursue the maximum compensation available under the law. Contact us today for a free, no-obligation consultation—let us help you get the answers and the support you deserve.
Who pays for my medical bills if I’m hit by a car as a pedestrian in NYC? The car owner’s no-fault insurance typically pays your medical bills, up to $50,000, regardless of who was at fault.
What if the car that hit me leaves the scene or has no insurance? You may still qualify for compensation through New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) program.
Can I sue the driver who hit me for pain and suffering? Yes, if your injuries meet New York’s “serious injury” threshold, you may file a lawsuit for pain and suffering and other damages not covered by no-fault insurance.
How long do I have to file a claim after a pedestrian accident? You must file a no-fault claim within 30 days of the accident. For personal injury lawsuits, you generally have three years, but shorter deadlines may apply if a city vehicle was involved.
Should I speak to the driver’s insurance company after a pedestrian accident? It’s best to consult with an attorney first to protect your rights. Insurance adjusters may not have your best interests in mind.
