Although it differs by state, if you have the choice, personal injury protection insurance might be a good idea. Regardless of whether you have health insurance, personal injury protection (PIP) coverage is already required in New York as a part of your auto insurance, which is mandatory.
In order to obtain coverage for accident-related expenses that your health insurance won't cover, PIP is also available as an optional policy in some states.
Serious injuries from car accidents could be very expensive to treat. New York follows a no-fault insurance system to expedite compensation for accident victims. Personal injury protection (PIP) coverage, which compensates the policyholder for accident injuries regardless of who is at fault, is a requirement under the state's no-fault system for all auto insurance policies.
The no-fault system has significant complexities of its own, despite being intended to make compensation for auto accidents simpler. We will explain some of the most important things you should know about PIP insurance versus your own health insurance. However, we advise you to speak with an NY car accident lawyer if you've been hurt in an accident. The law offices of Brandon J. Broderick can give you the advice you need before agreeing to any form of settlement with your insurer.
Differences Between PIP Insurance and Health Insurance
Personal injury protection may provide coverage for some typical accident-related costs that health insurance does not if you compare PIP coverage and health insurance. After the deductible is met, the majority of health insurance plans will pay for medical expenses; however, they are unlikely to pay for non-medical costs, such as lost wages from being unable to work or the cost of services you can no longer perform yourself, like cleaning or lawn care, which is where PIP can help.
Losses Covered By PIP Insurance
Depending on your state, the following expenses are generally covered by your personal injury protection insurance:
- Health care costs
- Lost income if you or your passengers are unable to work as a result of injuries following an accident
- Necessary services you are can no longer perform yourself, such as housecleaning or childcare
- Physical therapy and/or rehab
- Death or survivor benefits
Losses Covered by Health Care Insurance
Both personal injury protection and health insurance coverage cover for the medical costs that you suffer as a result of an accident.
One significant difference is that health insurance will not cover costs like lost income, daycare, or housekeeping. Typically, it will only cover expenses related to medical care, including:
- Emergency room or ambulance costs
- Tests like x-rays or MRIs
- Hospital fees
- Nursing or post-care costs at home
- Funeral or burial costs
Can I File a Lawsuit Against the Other Driver?
By requiring auto insurers to cover their policyholders regardless of who is at fault, the no fault system aims to lower the number of lawsuits stemming from car accidents. However, suing another driver is still an option when a victim suffers serious injury. Serious injury is defined by New York Insurance Law 5102(d) as any of the following:
- Death
- Dismemberment
- Death of a fetus
- Loss of a limb or organ
- Permanent damage to a limb or organ
- Any injury that impacts a victim's daily activities for at least 90 days
While serious injuries are usually obvious, it may be disputed whether someone is permanently disabled or unable to do daily chores. A doctor's expert testimony is typically required to demonstrate such injuries, and the likelihood of victory is significantly increased with an attorney's assistance.
The only option to get any compensation above the PIP policy maximum is through a lawsuit against the at-fault driver. Additionally, it is the only way to get compensation for non-economic losses like pain and suffering.
Talk to a Lawyer If You've Been Hurt in a Car Accident
If you or a loved one has been injured or worse in a car accident, we advise you to consult with our experienced car accident lawyers at Brandon J. Broderick. We can evaluate your accident, assist you in submitting a PIP claim and also determine whether you have any other options open to you.
For a free consultation, call us today to schedule an appointment. We have offices in Albany, Brooklyn, Bronx, Buffalo, Hempstead, New Rochelle, Rochester, Queens, Staten Island, Yonkers, and White Plains.