In New York, the primary purpose of Personal Injury Protection (PIP) is to ensure that individuals injured in auto accidents have access to prompt medical treatment and financial support. PIP is also known as "no-fault" coverage because it provides benefits regardless of who was at fault in an accident.
According to public data, nearly 215 million drivers in the US have car insurance. This high number is due to the fact that auto insurance is mandatory in most states. Even though it is required, New York has an estimated 10.8 percent of uninsured motorists.
It raises a concern, especially since there is already a high amount of cases where 38,824 people have been killed related to traffic crashes. This alarming statistic underscores the importance of Personal Injury Protection and its crucial part in protecting you and your loved ones in case of a car accident.
Hurt in a Car Accident But Aren't Sure If You Should File a New York PIP Claim?
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Coverage of Personal Injury Protection and Cost of Insurance
Personal Injury Protection coverage extends to the policyholder, passengers, and pedestrians who may be injured in an accident involving the insured vehicle.
In New York, the coverage requirements for car insurance policies are as follows:
- $25,000 bodily injury liability per person and $50,000 death per person
- $50,000 bodily injury liability per accident and $100,000 death per accident
- $10,000 property damage liability per accident
- $50,000 personal injury protection (PIP)
- $25,000 statutory uninsured motorist bodily injury per person
- $50,000 statutory uninsured motorist bodily injury per accident
For a brief explanation of the following terms, know that:
- Bodily injury liability coverage applies to injuries sustained by other parties of which you, the designated driver or policyholder, are responsible for.
- Statutory Uninsured Motorist coverage protects the policyholder and their passengers when they are injured in an accident caused by an uninsured or hit-and-run driver.
Policyholders can choose to purchase higher limits for additional protection. Keep in mind that the PIP coverage chosen will be the maximum amount the policyholder can receive in the event of a claim.
Limitations of NY Personal Injury Protection
Personal Injury Protection insurance provides comprehensive coverage for medical expenses and lost wages related to auto accident injuries. But it has certain limitations and exclusions such as riding an ATV or a motorcycle. Here are other instances in which PIP insurance is invalid:
Injuries during felony/intentional harm/intoxicated/in stolen vehicle
PIP coverage may be denied if the policyholder's injuries were sustained while engaging in criminal activities, under the influence of drugs or alcohol, or if they intentionally caused harm to themselves or others. This exclusion is meant to discourage reckless driving and illegal behavior.
Non-economic damages, such as pain and suffering
PIP in New York does not cover non-economic damages, such as pain and suffering, emotional distress, or loss of enjoyment of life.
If the injuries meet the serious injury threshold, the policyholder may be able to pursue another lawsuit for non-economic damages. Some specific examples include:
- Significant disfigurement
- Loss of a fetus
- Fracture
- Permanent limitation of use of a body organ or member
Once the policyholder's injuries meet one of these thresholds, they may be able to step outside the no-fault system and pursue a personal injury lawsuit against the at-fault party to seek compensation for non-economic damages.
The Porter Law Group can assist you in obtaining the appropriate claims, given that we have decades of experience examining comparable cases and understand how unjust it is when insurance companies mistreat the victim.
Process of Filing a Personal Injury Protection in New York
If you were injured in a car accident, you must file the PIP claim as soon as possible. Here's a step-by-step guide on when and how to file do so:
When to file:
- File your PIP claim within 30 days of the accident. This deadline is strict, and failing to meet it may result in your claim being denied unless you submit written proof of clear and reasonable justification for filing late.
For example, you can submit proof of temporary mental incapacity (such as insanity). This can extend the filing of your claim. The proof should be documented by a mental health professional to support your late filing.
How to file:
- Contact your insurance provider immediately after the accident to inform them that you intend to file a PIP claim. You may also need to do the following if it applies:
- If the accident caused over $1,000 in damage or injury, you must file an accident report with the Department of Motor Vehicles. Your insurer will likely include Form MV-104 with any claim forms they send.
- If you (or a relative with whom you live) do not have an auto insurance policy and are injured by or while in an uninsured vehicle or a hit-and-run driver, you should file your claim for No-Fault benefits with MVAIC.
- Insurers (or MVAIC) must send you an Application for Benefits and a letter explaining No-Fault coverage within five business days of receiving your notice of claim. Complete and return the application promptly upon receipt.
If all or part of your No-Fault benefits are denied or paid late, you may:
- File a complaint with the department
- Request no-fault arbitration; or
- Bring an action in court.
No-fault arbitration can be requested if your insurer:
- Denies your claim in whole or in part,
- Fails to make a timely payment of benefits owed, or
- Fails to inform you in a timely manner if your claim has been denied.
Filing PIP claims can be stressful and time-intensive. Hire our personal injury attorneys to help alleviate this burden. This allows you to prioritize your recovery while they handle the legal aspects of your claim and work tirelessly to secure the compensation you deserve.
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Speak to a Personal Injury Attorney in New York Today
Dealing with insurance claims, severe injuries, or negotiations in New York's legal process can be challenging. Especially when you're already coping with the aftermath of an accident.
At The Porter Law Group, our experienced personal injury lawyers understand the complexities of these cases. We will thoroughly investigate the circumstances of your accident, gather evidence to build a strong case, and tenaciously advocate for your rights.
Our goal is to help you recover the full compensation you need and deserve for your injuries and losses.
Get in touch with us at 833-PORTER9 or email us at info@porterlawteam.com to schedule your free case evaluation today. Let us put our knowledge, skills, and resources to work for you and fight for the compensation you need to move forward after a devastating accident.
