Every driver in New York is required to purchase and maintain minimum amounts of automobile insurance before they can drive on public roads. New York abides by a no-fault car insurance rule that requires drivers to carry personal injury protection (PIP) coverage to pay for their own losses. In some situations, however, you can bring a claim against another driver, and working with an experienced car accident attorney is advised.
Required Amounts of Insurance for Drivers in New York
Knowing what types of insurance are required in New York can help you understand your coverage options after an accident. You may be able to seek financial benefits from your own insurance policy or that of another driver, depending on the circumstances.
Every driver in New York is required to carry at least the following minimum amounts of automobile insurance:
- $10,000 in property damage liability coverage
- $50,000 in personal injury protection (PIP)
- $25,000 per person and $50,000 per accident in bodily injury coverage
- $50,000 per person and $100,000 per accident in death coverage
Additional types of insurance are also available, but optional, such as uninsured and underinsured motorist coverage, collision insurance, and comprehensive coverage. Driving without the required insurance in New York can lead to fines, driver’s license suspension, vehicle impoundment and even jail time.
How Does a Car Insurance Claim Work in New York?
New York is a no-fault state. This means when a car accident occurs, each party involved will file a claim with his or her own car insurance company, regardless of fault. All motorists must purchase personal injury protection insurance to pay for their own medical bills and lost wages after a collision. Proving fault or negligence is not required to access PIP insurance.
State law also allows a third-party claim to be filed against an at-fault party in certain situations. If an accident victim’s injuries meet the serious injury threshold, they have the right to pursue compensation from the at-fault driver or party outside of the no-fault system. This can lead to greater compensation, including damages for pain and suffering.
A “serious” injury under New York’s car accident laws includes a bone fracture, long-term or permanent loss of a bodily function, dismemberment, disability, the loss of a fetus, or death. If a victim suffers serious injuries, he or she can bring a claim against someone else to pursue benefits from their liability insurance. A personal injury lawsuit may also be a possibility.
Proving Fault in a New York Car Accident Lawsuit
If you wish to pursue financial compensation outside of New York’s no-fault system, you need to start collecting evidence to support your claim from the very beginning. While you are still at the scene of the crash, do your best to gather information. This includes the other driver’s name and insurance details, photos of the crash scene, any available video footage, and witness statements.
When you’re ready to pursue compensation, contact the at-fault driver’s car insurance company to file your claim. Then, consult with an injury attorney in New York for assistance with the recovery process. An attorney can negotiate with an insurance company on your behalf to seek maximum compensation.
If there are other sources of financial compensation available, such as your own PIP insurance or a lawsuit against a third party, your attorney will explore these options in detail. You can trust your personal injury lawyer to work hard to maximize your financial recovery as much as possible when dealing with insurance companies.