The primary insurer in no-fault insurance states like New York is the policyholder, rather than the at-fault driver's insurance company.

That is to say, whether you're involved in an accident on a crowded street in Manhattan or while cruising Queens, what you'll be able to collect as compensation depends on the type of insurance policy you have. Specifically, we will discuss personal injury protection (PIP) coverage choices for drivers in the state of New York.

While it is good to research any topic you have questions about, you should contact a New York car accident lawyer if you've been in an accident. The team at Brandon J. Broderick has a wealth of experience in dealing with car accidents and car accident injuries. Call us and we can help you determine what to do next.

Auto Insurance Requirements in NY

New York's no-fault insurance regulations require motorists to have personal injury protection coverage. Personal Injury Protection (or PIP) is a type of insurance that covers medical costs that arise as a result of an auto accident. In NY's no-fault insurance system, everyone's medical bills, regardless of who caused the accident, is covered, including passengers.

New York has its own set of rules and restrictions, as do other states.

What Is Covered By PIP in New York?

Insurance for personal injury protection in New York provides protection for medical expenses, lost wages, and death benefits. In the state of New York, the minimum amount of PIP coverage available is $50,000. You can purchase additional coverage, but you are limited to how much you can recover in a PIP claim by the amount of your coverage.

Medical Losses

Typically, PIP insurance will pay for all of your medical bills after a car accident. These costs can include:

  • Medical care
  • Dental services
  • Hospital stays
  • Surgery costs
  • Rehabilitation expenses (both mental and physical)
  • Ambulance fees

Wage Losses

New York's personal injury protection (PIP) insurance will cover a portion of your lost wages (up to 80% of your monthly earnings or $2,000, whichever is less) for up to three years following an accident, and up to the policy's limits. If your monthly income is $6,000, for instance, you would be eligible for $2,000 in lost wages compensation. You are entitled to 80% of your monthly income, or $1,200, if you make $1,500 per month.

In addition, you can qualify for $25/day to help you with daily tasks you can no longer perform on your own. This may be things like cleaning and home repairs. 

Death Benefits

In the event of the death of an insured driver, their estate is entitled to $2,000. This compensation is used to cover funeral and burial expenses.

How to File a PIP Claim in New York

A successful reimbursement of your expenses depends on your knowledge of when and how to submit a claim. You have 45 days from when treatment first begins to provide documentation to your insurance carrier outlining the extent of your injuries and the care you've received.

You have 90 days to present written proof of lost wages under a New York no-fault insurance policy. Since your insurance company is not obligated to make a payout until it gets these documents, you should send them in as soon as possible. However, once it does, it has 30 days to reimburse you once it receives the documents. If your insurer has any concerns about your claim, they may request more documentation from you.

Limitations To New York's No-Fault Insurance Laws

After filing for PIP benefits, you may be limited in your ability to make a liability claim against the other driver in an accident, even if your injuries are extreme and expensive. The following types of significant injuries do not qualify for filing a liability claim against another driver in New York, per Section 5102(d) of the New York insurance law:

  • Death
  • Fractures, dismemberment, or significant disfigurement
  • Loss of a fetus
  • Permanent or significant limitation to an organ, function, or system of the body
  • Disability lasting at least 90 days

If your injuries are severe enough, you have three years from the date of the incident to file a lawsuit in New York state court for damages.

Get The Support You Need With Your Car Accident Claim

We recommend that anyone injured in a car accident get in touch with our office as soon as possible to speak with a New York car accident lawyer. Without legal counsel, it can be difficult to tell if you have a case and, if so, what your choices are. Your own insurance company, among others, may undervalue or even completely reject your claim. Your PIP arbitration and insurance company negotiations should be handled by a skilled car accident attorney.

The law office of Brandon J. Broderick is committed to providing superior service to each and every client. From New York and New Jersey to Connecticut and Vermont, our firm has helped clients recover millions in compensation.

You can get a free consultation by contacting us right now.

Posted by: Brandon J. Bro…
Date: Thu, 12/15/2022 - 19:57

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