Who pays medical bills after a car accident in the state of new york

while we were in buffalo, New York the enterprise rental car we rented from state
of Iowa was rear ended by a drunk driver. My self, My mom and dad were taken to
ER, but we didnt sustain any major injury. But now we have medical bills. I have
full auto insurance from progressive, But We were driving a rental car from
enterprise. and the drunk driver who rear ended us have auto insurance from
Geico. My question is who is responsible for the medical bills?

Asked on April 6, 2016 under Accident Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You (or your health insurance) are responsible for paying the provider (e.g. the ER or hospital). However, the drunk driver will likely have to reimburse you: if the driver and/or his insurer do not voluntarily pay these bills, you could sue and would have a good chance of winning. However, despite the drunk's obligation (because in driving drunk, he was at fault) to you, you still have the obigation to the health care provider, which is why you have to pay (or have your health insurance pay), then seek reimbursement--since you are the ones who received treatment, you are the ones who has to make sure the provider is paid.

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