Need some input. Car accident happened in NY. SC insurance car was rear ended by NY insurance! NY is a no fault state and SC is at fault state, I believe. Now, if the SC driver is in pain and wants to get medical treatment in NY will it be covered by her car insurance ? Or they have to get treatment on a lien. My mom got into accident and I am totally in a different field of law. She is visiting me and will be here for another month and want to at least go for a@check up again. Any help? TIa

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The no fault portion you mention is in reference to New York requiring their drivers to carry PIP coverage for themselves, should they get in a crash. First, check your mothers policy to see if she carries PIP or medpay. My recollection is SC doesn't require either, but those should be primary if they are available under her policy.

Second, open a claim with the New York insurer. They will give you a claim number to work with. New York requires $25,000 in bodily injury liability coverage (assuming their policy was active).

If your mother doesn't carry PIP or Medpay, she'll likely have to treat under a lien, but you'll have that BI policy to seek recovery from.

Also, have her use her health insurance where applicable. Yes they have subrogation rights, but what you pay back is typically far less than what her insurance paid and wrote off.

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You’ll be able to do it through no fault- notify the carrier for the other (NY) car of the claim.

But don’t delay treatment, most doctors offices will ask this and probably accept an explanation that the claim is being set up.

In FL, PIP benefits typically extend out of state when the insured driver was in their own insured vehicle. Idk how SC works, but I'd start with the language of her policy to see if there's coverage. Also, I'd speak to both insurance companies involved to let them know there's a need for treatment. They should give a claim number that she can give the docs for billing purposes.

Thank you

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