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Car accident victims in Long Island must first turn to their own PIP (Personal Injury Protection) insurance policies for coverage, thanks to New York’s no-fault insurance laws. But what if this coverage is not enough to meet their needs?
If the accident injuries qualify as serious, the victim may have the right to step outside the no-fault system and file a lawsuit. You should make this decision in consultation with an experienced personal injury lawyer. Find out how Dell & Dean, PLLC can assist you.
The Basics of No-Fault Insurance in New York
Also known as Personal Injury Protection or PIP, no-fault insurance requires an accident victim to first seek compensation for their losses from their own insurer, regardless of fault. Long Island victims should take this step to cover medical bills, lost wages, and other losses.
New York adopted its no-fault insurance program to make claims easier by avoiding delays over issues of fault. Other than motorcycles and some commercial vehicles, all vehicles in New York must have at least $50,000 per person in PIP coverage.
The insurance coverage pays for losses that the owner, occupant, or operator of a motor vehicle incurs. No-fault, PIP insurance also covers injuries that pedestrians sustain in accidents involving a car or other motor vehicle.
What PIP Does and Does Not Pay For
A basic no-fault insurance policy in Long Island pays up to $50,000 of basic economic loss stemming from a car accident. PIP primarily covers these expenses and losses:
- All reasonable and necessary medical bills: This includes hospital visits, surgery, tests, prescription drugs, physical therapy, and more.
- Lost income: PIP policies also compensate victims who cannot work. A typical policy pays about 80% of lost income, up to $2,000 per week, for up to three years after the accident.
- Accident-related expenses: Victims may also seek compensation of up to $25 per day for accident-related expenses, such as transportation.
While it’s important to understand what PIP covers, it is just as critical to know what it does not. PIP does not typically cover:
- Property damage to the vehicle
- Pain and suffering and other non-economic damages
- Injuries sustained while committing a felony crime
- Operation of a non-insured vehicle
- Injuries to motorcyclists
Filing a Lawsuit For Serious Injuries
PIP coverage will also likely not be enough if the victim has sustained a serious injury. Serious injury is a legal term in New York, and includes the following:
- Death
- Significant bodily disfigurement
- Bone fractures
- Loss of an unborn child
- Permanent loss of the use of a body organ
- Significant limitation to a body system or function
- Medically determined impairment which prevents usual and customary activities for a minimum of 90 days within the first 180 days of the accident
If the victim has suffered what the law considers to be a serious injury, they can step outside the no-fault system and sue the at-fault driver for economic losses exceeding $50,000 and for non-economic losses like pain and suffering.
However, since serious injury is a legal term, the car accident victim must be able to prove the nature and extent of their injuries. This is a complicated matter that will require such evidence as medical bills, doctors’ statements, expert witness testimony, and more.
How Our Long Island Personal Injury Firm Can Help
If you were involved in a car accident, you should call a lawyer even if you think your injuries were not serious. Medical bills and lost income alone can easily exceed $50,000, which is to say nothing of the other losses you have experienced.
Our firm routinely helps victims of serious car accidents take legal action to claim the compensation they need to recover. When you hire us, we get to work by:
- Assisting with your no-fault insurance claim and advising as to whether you can sue the driver
- Investigating how the accident happened and who was at fault
- Obtaining evidence of fault, including through discovery after filing a lawsuit
- Determining the total value of all of your losses, including reasonably estimated future ones
- Filing a lawsuit and serving it in accordance with civil procedure and court rules
- Applying our extensive understanding of New York personal injury law to argue for the most amount of compensation available for you
Serious accidents deserve serious legal representation, and that’s where Dell & Dean, PLLC steps up to help victims in Long Island, Nassau and Suffolk Counties, and elsewhere in New York. Reach out to us today to learn more.
