If you are injured in an automobile accident, New York law provides that you are covered under “No Fault” insurance. This insurance covers lost pay, medical and hospital bills, and miscellaneous expenses.
If you sustain an injury in a work related accident, New York law provides you with Workers Compensation Insurance. This insurance covers your lost wages, medical, and hospital expenses.
However, if you are injured in someone’s home or place of business, the law does not provide you with mandatory insurance coverage. This can be disconcerting for me to explain to clients who have suffered injuries in this manner. Some of my clients do not have any health plan (or have a health plan that is not comprehensive).
In that situation, I contact the insurance company for the defendant and ask if they have a clause in their policy that includes “MedPay.” This clause provides coverage for out of pocket expenses in general liability accidents. The amounts of coverage varies from $1,000 to up to $5,000 (depending on the insurance company and the particular policy).
Many insurance companies are responsive to the inquiry about MedPay because of recent changes in the law which requires them to disclose the terms of their policies, including policy limits.
As your attorney, I will make an inquiry as to the existence of MedPay. This extra money can help sustain you in the short term while you recuperate from your injuries.