You may have heard that drivers in New York are required to purchase personal injury protection (PIP) insurance. Also known as a basic no-fault policy, PIP insurance may cover some or all of your economic losses after a crash. We want to make sure that you understand what this insurance is and how it will affect your car accident injury claim. Here, our Buffalo car accident lawyers provide an overview of personal injury protection insurance in New York.
Four Things You Should Know About PIP Coverage in New York
- New York Requires Drivers to Carry No-Fault Coverage
New York is a no-fault auto insurance state. Under New York Law, every driver is required to carry no-fault personal injury protection (PIP) coverage. This type of insurance applies regardless of who was to blame for an accident. Even if your accident occurred because of another driver’s negligence, your initial claim for basic economic losses is through your own insurance company.
- You Must Notify Your Own Insurance As Soon as Possible After an Accident
Following an accident, you should notify your own no-fault insurance provider as soon as possible. New York has strict notification requirements. Not only are drivers required to inform their insurer of a crash, but they are also required to submit medical bills without delay. A claim must be submitted within 45 days of treatment. If you wait too long to take action, it could undermine your ability to bring a claim.
- PIP Insurance Covers Initial Medical Costs and Lost Wages
Personal injury protection insurance is designed to pay promptly after a crash. Generally speaking, PIP insurance covers treatment for reasonable and necessary medical expenses, payment for lost wages, and reimbursement for certain other economic damages. Unfortunately, personal injury protection benefits can be exhausted relatively quickly. No-fault insurance coverage is often inadequate for a serious accident.
- You Can Step Outside the No-Fault System After a Serious Accident
In New York, injured victims can step outside of the state’s no-fault system and file a personal injury lawsuit against a negligent driver (or other defendant) if they suffered a serious injury in an accident. Through a car accident lawsuit, you can seek compensation beyond PIP benefits, including for your pain and suffering.
New York Insurance Law Section 5102(d) defines nine categories of “serious injuries”. The most important thing to know is that you can file a car accident injury lawsuit if you suffered a permanent injury/disability or if you satisfy New York’s 90/180 day rule. If your car accident injuries prevented you from normal daily activities for at least 90 out of the 180 days immediately following the crash, you can go outside of the no-fault system.
Schedule a Free Car Accident Injury Consultation Today
At Richmond Vona, LLC, our Buffalo car accident lawyers are experienced, results-focused advocates for injured victims. If you have questions about personal injury protection (PIP) coverage, we are here to help. To get a free review of your case, please contact our Buffalo law office now. We handle auto accident injury claims throughout Western New York.