In New York, Personal Injury Protection (PIP) coverage is a key component of the state's no-fault car insurance system. It's designed to ensure that medical bills, lost wages, and certain other costs are paid quickly after an accident—without waiting for a lawsuit to determine fault. But many drivers are unclear about how far this protection extends. Specifically, does PIP cover all members of your household, or are there exceptions?

The answer depends on several factors, including the relationship of the household member to the policyholder, the circumstances of the accident, and whether the individual has their own insurance policy. Understanding these distinctions is essential for making sure your family is properly protected.

How PIP Works in New York

New York requires all drivers to carry a minimum of $50,000 in PIP coverage. This coverage pays for:

• Medical expenses related to accident injuries
• Lost earnings, up to $2,000 per month for up to three years
• Necessary services (such as household help) up to $25 per day
• Death benefits of up to $2,000

PIP is considered primary coverage for injuries resulting from motor vehicle use. It applies before health insurance or disability policies kick in.

Who Is Automatically Covered by Your PIP Policy?

Your PIP policy typically covers more than just the person named on the insurance card. Here's who is generally protected:

• The policyholder: If you're injured in your own vehicle or as a pedestrian, your PIP applies.
• Family members who live in your household: Spouses and children are usually included, whether they are passengers in your car or injured as pedestrians.
• Passengers in your car at the time of the accident: PIP covers their basic economic losses.
• Pedestrians you hit with your vehicle: New York law extends PIP to them as well.

However, this coverage isn't unlimited. It has boundaries, particularly when it comes to people who own their own vehicles or insurance policies.

When PIP Coverage Does Not Extend to Household Members

There are key situations in which a household member may not be covered by your PIP policy:

1. They own a car and have their own policy
2. If your spouse or adult child lives with you and has their own registered and insured vehicle, they are expected to file a PIP claim under their policy—not yours.
3. They were injured while driving another car
4. If a family member is involved in an accident while driving a car they own or regularly use (not insured under your policy), your PIP coverage does not apply.
5. They were injured outside of New York State
6. New York PIP generally only applies to accidents that happen within the state. If a household member is injured in another state, they may not be covered unless your policy includes an optional "Additional PIP" or "Out-of-State" rider.
7. They are not related to you by blood, marriage, or adoption
8. Roommates, significant others, or other non-relatives—even if they live with you—are typically not covered under your PIP policy.

Examples of PIP Coverage in a Household Setting

To illustrate how PIP coverage works in households, consider the following examples:

• Your teenage daughter is hit by a car while crossing the street. If she lives with you and is a dependent, your PIP will likely cover her medical bills and other economic losses, even if she wasn't in your vehicle.
• Your spouse is driving their own car and gets into a crash. Even though you live together, they would file under their own auto insurance's PIP benefits, not yours.
• Your brother, who doesn't drive and lives with you, is a passenger in your car. Your PIP coverage would extend to him during an accident, provided he does not have his own auto insurance policy.

What About Children in Shared Custody Situations?

If you share custody of your child and the child splits time between your home and another parent's, PIP coverage may depend on which household is considered the child's primary residence. Generally, if the child is listed on your policy and lives with you most of the time, they're covered under your PIP.

In joint custody cases, insurance companies may examine factors like who claims the child on taxes, school district registration, and which parent is the legal custodian to determine PIP eligibility.

Can You Expand Your Household PIP Coverage?

New York insurers offer Optional Basic Economic Loss (OBEL) and Additional PIP (APIP) coverage. These add-ons increase the monetary limits of what's available after a crash and may offer broader protections for household members.

For families with teens just beginning to drive, or with adults living in the same home who do not own a car, these options can help close potential gaps in coverage.

How to Protect Everyone in Your Home

To ensure your household has adequate protection, consider these steps:

• Review your policy annually and update household information.
• Ask your insurer about OBEL and APIP riders, especially if your family includes pedestrians, bikers, or occasional drivers.
• Make sure any adult household member with their own car also carries the required minimum PIP on their policy.
• Discuss shared custody situations with your insurer to confirm who is covered where.

Conclusion

PIP coverage in New York offers broad but not unlimited protection to household members. While immediate family and passengers often fall under your policy, coverage exclusions can arise depending on car ownership, residence status, and where the accident occurred. Reviewing your policy closely—and considering additional coverage options—can help ensure your entire household is protected when it matters most.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York Car Accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.