New York is one of the few states that follows a no-fault insurance system. For anyone involved in a traffic accident, understanding how no-fault rules work can make a meaningful difference in getting medical bills paid and protecting your legal rights. This guide breaks down how New York’s no-fault laws operate, what Personal Injury Protection (PIP) covers, who qualifies for benefits, and when you may be able to step outside the no-fault system to pursue a lawsuit.
At Brandon J. Broderick, Attorney at Law, we help injured clients navigate New York’s no-fault insurance requirements every day. This article is designed to give you a clear, approachable explanation of the process—without legal jargon—so you know what to expect after a crash.
How New York No-Fault Insurance Works for Injured Drivers
New York’s no-fault system requires that anyone injured in a motor vehicle accident first turn to their own auto insurance for coverage, regardless of who was responsible for the crash. The idea is to ensure that injured people can receive medical care and financial support quickly, without waiting for the outcome of a liability investigation.
Under New York law, every registered vehicle must carry a minimum amount of Personal Injury Protection coverage. PIP pays for certain losses after an accident, including medical treatment and a portion of lost wages. Because these benefits come from your own policy, they are available even if you caused the collision.
However, PIP does not cover every type of loss, and there are limits to when you can pursue a claim against the at-fault driver. We explain those exceptions later in this guide.
What New York PIP (Personal Injury Protection) Covers After a Car Accident
PIP is designed to help injured people receive care quickly. Here’s what it may cover:
Medical Expenses
PIP pays for reasonable and necessary medical treatment related to the accident. This can include emergency care, hospital visits, surgery, physical therapy, diagnostic testing, and other approved medical services. There is no deductible for PIP medical coverage unless you selected one when you purchased your policy.
Lost Wages
If your injuries prevent you from working, PIP can pay a portion of your lost income. New York’s standard PIP policy provides up to 80% of lost wages, capped at a set weekly limit. These payments are not intended to fully replace your income but to provide some financial support while you recover.
Other Necessary Expenses
PIP may also reimburse you for reasonable and necessary expenses, such as transportation to medical appointments or household help needed because of your injuries. These reimbursements are subject to policy limits.
Death Benefits
If a fatal crash occurs, PIP may provide a modest death benefit to the estate of the deceased as outlined by New York law.
Who Is Covered Under New York’s No-Fault Insurance (PIP Benefits)
PIP benefits typically apply to:
- Drivers of the insured vehicle
- Passengers in the insured vehicle
- Pedestrians struck by the insured vehicle
- Certain household members, depending on policy terms
Motorcyclists and their passengers are generally not covered by PIP under New York law. They may need to pursue compensation through other types of insurance or by filing a liability claim.
How to File a New York No-Fault (PIP) Claim and Important Deadlines
To receive PIP benefits, you must file a no-fault application with the insurance company within 30 days of the accident. Missing this deadline may lead to a denial of benefits.
When filing a claim, you will likely need to provide accident details, medical documentation, and any wage verification if you are seeking lost income benefits. Insurance companies may also require you to attend an Independent Medical Examination (IME). If you fail to attend these exams or do not follow the insurer’s process, your benefits can be reduced or terminated.
If you are unsure about the paperwork or feel overwhelmed, an attorney can help ensure everything is filed correctly and on time.
What New York No-Fault Insurance Does Not Cover
While PIP provides important support, it does not extend to every type of loss someone may face after a collision. Pain and suffering, emotional harm, and the long-term impact of serious injuries all fall outside of what no-fault benefits address. It also does not pay for property damage to your vehicle or personal belongings. If your injuries require extended time away from work or long-term medical treatment that goes beyond PIP limits, those additional losses will not be covered. When that happens, you may need to explore a liability claim against the at-fault driver.
When You Can Sue Outside New York’s No-Fault System (Serious Injury Threshold)
New York permits injured individuals to step outside the no-fault system when their injuries meet the state’s definition of a “serious injury.” This threshold includes harm that creates long-term physical limitations, involves permanent consequences, or significantly restricts your ability to function as you normally would. Fractures, substantial disfigurement, or injuries that prevent you from performing your usual daily activities for an extended period may meet this standard. Once a person qualifies under this category, they may seek compensation for pain and suffering, future medical needs, long-term wage loss, and other damages that no-fault insurance does not cover.
Common Problems With New York PIP Claims and How They Affect Benefits
Insurance companies review PIP claims carefully and may look for reasons to deny or limit benefits. The most common issues include missing documentation, delays in medical treatment, findings from an independent medical examination, and late submission of paperwork. These issues can slow the process or result in reduced benefits.
Working with an attorney can often help resolve disputes with the insurance company and ensure you receive the benefits you’re entitled to.
What to Do After a Car Accident in New York’s No-Fault System
If you were involved in a crash, taking the right steps early on can make a big difference in your claim.
Seek Medical Care Immediately
Even if your injuries seem minor, visit a doctor right away. Early documentation supports your claim and protects your health.
Report the Accident to Your Insurance Company
Notify your insurer promptly and request a no-fault application.
Keep Records of All Expenses
Save bills, receipts, medical records, and notes about missed work.
Follow Your Doctor’s Instructions
Consistent treatment helps demonstrate that your injuries are legitimate and accident-related.
Speak With an Attorney
If you are unsure about your rights or believe the insurer is delaying or denying benefits, an attorney can help you understand your options.
How Brandon J. Broderick, Attorney at Law Can Help
Navigating New York’s no-fault insurance rules can feel confusing, especially if you are trying to recover from an injury. Our team is dedicated to helping clients receive the benefits they deserve while exploring every avenue for additional compensation when appropriate.
We assist with no-fault applications, disputes with insurance companies, IME-related issues, and claims that meet the serious injury threshold. Our goal is to relieve the stress of the legal process so you can focus on healing.
Speak With a New York Car Accident Attorney About Your No-Fault Claim
If you’ve been injured in a New York motor vehicle accident, you do not have to manage the no-fault claims process alone. The attorneys at Brandon J. Broderick, Attorney at Law are here to guide you, answer your questions, and protect your rights from day one.
Whether you are seeking help with PIP benefits or exploring the possibility of a personal injury lawsuit, our team is ready to stand in your corner.
Contact us today to schedule a free consultation and learn how we can help you move forward after an accident.