Personal Injury Protection or “No-Fault Insurance” in New York

New York requires Personal Injury Protection, or “no-fault,” insurance. This insurance covers a certain amount of the costs associated with car crash injuries, like medical expenses, lost wages, and death benefits. There are limits to PIP coverage, and a car accident lawyer can help you get maximum compensation.

At Hecht, Kleeger & Damashek, P.C., we have recovered millions for people injured in New York motor vehicle accidents. We understand you are concerned about medical bills, repairing or replacing your vehicle, time off work, insurance claims, and more.

Call HKD today at 212-490-5700 or submit our online form to schedule a free, no-obligation consultation.

What is PIP Coverage & When Does It Apply?

No-fault insurance helps New York drivers recover money for medical costs, lost wages, and benefits if you or a loved one suffered fatal injuries.

PIP Coverage

Under no-fault insurance, your coverage pays for medical treatment and other out-of-pocket losses incurred by a car crash, no matter who is at fault.

No-Fault Coverage Pays for Things Like:

  • Accident-related bills
  • Up to 80% of lost income, up to $2,000 a month for up to three years after the accident
  • $25 a day for up to a year to cover reasonable and necessary expenses, like transport to medical appointments and household help
  • $2,000 in death benefits to the estate of anyone killed in the accident

Does PIP Cover Passengers & Other Drivers?

No-fault insurance applies to you as the policyholder. It also covers anyone driving your car, any passengers with you at the time of the accident, and any pedestrians hit by your vehicle.

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$3,750,000

$3,750,000 – Rear End Accident

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PIP Requirements for New York Drivers

New York drivers must carry a minimum of $50,000 in no-fault insurance coverage. They can opt to pay a higher premium to increase coverage, increasing how much they can recover.

After an accident, you’ll be required to follow specific deadlines, dictated by your policy to recover compensation. If you miss the deadlines, you might miss out on full coverage. You’ll also have to show documentation of your costs. For example, you’ll need to submit proof of medical expenses to your insurance company within 45 days of starting treatment, and you’ll have 90 days to submit evidence of lost wages.

The No-Fault Claims Process

After an accident, you must provide written notice to your insurance company within 30 days of the accident. Your notice should detail who was injured and when and where the accident occurred. If you can’t file within 30 days, you must provide written proof with a clear and reasonable justification for why you missed the deadline.

If you were a passenger or a pedestrian struck by a car, you could file a no-fault claim with the insurance company covering the vehicle you were riding in or that hit you.

Limits to PIP Coverage

PIP coverage directly covers any medical costs you might have, no matter who caused the crash, but it does not cover any expenses related to property damage. Your policy may not cover all the medical costs caused by the collision.

You may consider filing a third-party insurance claim or a personal injury lawsuit against the at-fault driver to get compensation for property damage or more money to cover other medical expenses.

To do so, your injuries must meet a “serious injury threshold.” Serious injuries could be significant disfigurement, bone fractures, permanent limitation of a body organ or member, a significant limitation of a bodily function or system, or total disability for 90 days within the first 180 days after the accident.
A third-party insurance claim also allows you to pursue damages that are not financial, such as “pain and suffering.”

Exclusions to PIP Coverage

Some PIP policies exclude certain activities.

Standard no-fault exclusions include:

  • A driver intoxicated at the time of the crash
  • Any drivers committing a felony at the time of the crash
  • A driver that intentionally caused the crash
  • Any driver using a stolen vehicle
  • Any driver conducting a speed test or racing

Other Types of Insurance in New York

Personal Injury Protection insurance is not the only required insurance in New York. The state also requires Liability Insurance and Uninsured Motorist coverage.

Insurers are also required to offer Optional Basic Economic Loss coverage. It elevates the required minimum of $50,000 of basic coverage by an additional $25,000. When that first $50,000 limit on a claim is reached, you can designate extra money for specific payments, like loss of earnings or medical treatments.

Get Help with Your New York PIP Claim

When you get hurt in a car crash, you should have the support and legal guidance you deserve. Working with the experienced New York car accident lawyers at Hecht, Kleeger & Damashek can make the process easier and helps ensure you recover max compensation.

At HKD, we have recovered millions of dollars for people who have been injured in motor vehicle accidents. We understand you are likely concerned, but you do not have to handle everything yourself. We will help answer your questions, ease your stress, and fight for the money you deserve.

Call 212-490-5700 or use our online form. Initial consults are free, and there’s no fee unless we win.

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Look No Further For a Great Lawyer After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further….

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