If you were injured in a car accident in New York, your personal injury protection insurance, also known as no-fault insurance, is your primary source of compensation for your medical expenses and lost wages. However, getting the most out of your personal injury protection claim requires experience and knowledge of insurance company tactics that most people don’t have. That’s why it’s always in your best interest to work with a car accident attorney who can handle your case on your behalf.
What Is Personal Injury Protection?
Personal injury protection (PIP) is a type of no-fault insurance required for all drivers in New York. When you sustain injuries in a car accident in New York, you file your PIP claim with your own motor vehicle insurance provider. If you are a passenger, you file your claim with the carrier that insures the vehicle in which you were a passenger. This differs from liability insurance, which covers injuries and property damage that a driver causes others.
PIP insurance offers motor vehicle accident victims an easier way to recover the compensation they need for medical expenses and lost wages because it doesn’t require them to prove another party’s fault. No matter who is to blame for the accident, you can seek compensation.
PIP Benefits in New York
There are four main benefits available through PIP claims in New York. These benefits cover medical expenses, lost wages, other expenses, and death resulting from the accident:
- Medical Expenses – Compensation for medical expenses can be up to $50,000 for a single person. This compensation covers all medically necessary care, including hospital visits, medical treatments, diagnostic tests, physical therapy, and medical devices.
- Lost Wages – 80 percent of your lost wages, up to $2,000 per month, can be recovered through PIP compensation. These benefits can last for up to three years from the date of the accident.
- Other Expenses – Victims can recover up to $25 per day for other expenses related to the accident beyond their medical and lost wage compensation. This includes roundtrip mileage to medical appointments. This compensation can last for up to one year.
- Death Benefits – If your loved one passed away due to the injuries they sustained in the car accident, you can receive $2,000 for their funeral and burial costs.
Reporting Requirements for PIP Claims
PIP insurance claims have strict deadlines that you must meet to recover the maximum compensation you are entitled to. The first of these deadlines is that you must report the accident and file a written application with your insurance carrier within 30 days of the crash.
Next, you must submit all medical bills within 45 days of treatment for your insurer to cover their costs. And finally, you must file claims for lost wages within 90 days to receive compensation.
How a Car Accident Lawyer Can Help
A car accident lawyer can assist you with your PIP claim in various ways, including by filing your claim within the deadline, making sure all medical expense and lost wage information is timely submitted, and disputing denials of payment by the insurance carrier. They can also pursue compensation from an at-fault driver’s liability coverage on your behalf.
Some accident victims believe that their insurance provider is on their side. However, this is not the case. Even your own insurer wants to pay you as little as possible to maximize its profits. That’s why it’s critical that you have a lawyer on your side who can fight for your rights.
Contact Our New York Car Accident Lawyers
Following an injury caused by a car accident, you need an experienced lawyer who can help you get the most out of your personal injury protection claim.
At Fessenden Laumer & DeAngelo, PLLC, we have more than 30 years of experience assisting injury victims and their families in seeking the compensation they need. We’re proud to serve New Yorkers in Chautauqua, Allegany, Cattaraugus, & Southern Erie counties from our offices in Jamestown, Fredonia, and Olean. Contact our firm today to speak with a member of our legal team about your case and to learn more about how we can help.
