Protections under New York’s no-fault insurance

No one expects to get into a traffic accident, so having insurance to cover the cost of damages or injury is the peace of mind people usually need when they drive. New York’s no-fault insurance law requires that, in the event of an accident, every motor vehicle have minimum coverage for the driver and anyone in the vehicle, regardless of fault. This includes partial reimbursement for injury or material loss, as these benefits are limited without the purchase of additional insurance.

Personal injury protection

PIP insurance, or personal injury protection, is a form of coverage for medical expenses that is purchased as part of an auto insurance policy and is required for motorists living in a no-fault state. New York is one of 12 no-fault states, and one of six where PIP insurance is required. The minimum amount one can purchase is $50,000, and the amount purchased is the maximum to which the insured may recover.

PIP insurance in New York covers economic loss and death benefits, as well as most medical costs incurred from an accident, such as:

• hospital expenses
• surgical services as well as diagnostic, dental or ambulatory expenses
• physical or psychiatric rehabilitative costs

PIP in New York also covers economic losses capped at the lesser of either $2,000 per month or 80% of the monthly wages of the insured for up to three years after the accident. There are also death benefits of up to $2,000 for the eligible insured driver.

Filing a claim

In order to collect no-fault insurance benefits, the injured party must file a claim within 30 days of the accident. If the claim is denied, they may submit medical bills through private insurance.

In the event the other vehicle is uninsured or if injury occurred in an uninsured vehicle, a no-fault claim must be filed through the insurance company of the insured. The driver or family members who did not have insurance at the time of the accident can also file for no-fault benefits.

What no-fault benefits do not cover is compensation for pain and suffering, however, the injured may file a separate suit for compensation that establishes liability on the part of the other party. In the event of a motor vehicle accident, it is important to have trusted and experienced legal representation serving Albany and throughout the New York to help you receive the maximum compensation for your injuries.