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How personal injury protection works in the Empire State
If you got injured in an accident, what would cover your injuries first, your health insurance or your car insurance? Surprisingly, the answer is your car insurance, specifically personal injury protection (PIP) coverage.
If you’re injured in a car accident, PIP would cover your and your passengers’ medical costs, regardless of who caused the accident. PIP is primary for injuries and deaths from auto accidents, and in New York, it’s required. But how does it work in both at-fault and no-fault accidents?
The required car insurance in New York includes PIP insurance in the amounts of $50,000 for the death/injury of one person and $100,000 for the deaths/injuries of two or more people in an accident. PIP covers both economic and, in cases of serious injury, non-economic damages, regardless of who caused an accident.
Economic damages include:
Non-economic losses apply only if you were “seriously injured” in an accident. New York insurance law defines a serious injury as one that results in:
If these conditions apply, you can file a PIP claim and recover money for your pain and suffering.
PIP does not pay for any car repairs or accidents that occur outside of the U.S. It generally covers only the driver, their passengers, and any pedestrians involved, not anyone in another vehicle. However, the following circumstances make a collision ineligible for PIP benefits:
Out of the 229 fatal motor vehicle crashes that occurred in New York in 2021, 14 percent involved motorcycles and 33 percent involved passenger cars. While that may sound like cars are more dangerous, the same year, only 3 percent of the state’s registered vehicles were motorcycles, compared to 37 percent that were cars, making motorcycle accidents much more likely to result in a fatality than cars.3
New York is a no-fault state, which means that the at-fault party is responsible for paying for the other party’s property damages under their liability coverage, and each party pays for its own medical expenses under PIP.
If you caused a car accident, you’d file a first-party claim with your insurance provider to pay for your damages (collision coverage) and injuries (PIP). Then, the not-at-fault party would file a third-party claim with your insurer for liability coverage. You’d have to pay your collision deductible, but after that, your insurance company would pay for your losses up to your limits.
New York has pure comparative negligence laws, which means that victims of a car accident can recover money no matter how negligent or at fault they were. However, their compensation will be reduced by their percentage of fault.4
New York requires the following insurance coverages and limits:
Want to find cheap New York car insurance? Ask your insurance agent what discounts apply to you, as every company offers different ways to save. Here are some common examples:
As of 2020, the most recent data available from the National Association of Insurance Commissioners, the average cost of car insurance in New York was $1,436 per year, the second-highest rate in the country after Louisiana. That number breaks down into:
The exact cost of car insurance will differ based on many factors, including your driving history and ZIP code. If you have had any traffic violations, like having to pay fines for texting and driving in New York, your rates will be higher compared to someone with a clean driving record. Costs will be higher in cities like New York, Albany, and Rochester, and lower in suburban and rural areas upstate.
You must get insurance before registering a vehicle in New York. But where to look?
Based on our proprietary data, these companies are the best New York has to offer:
USAA is available only to veterans, military members, and their families. In New York, the average USAA member paid $192 per month, or $2,304 per year.7
Having PIP required means fewer car accident lawsuits in New York, making insurance premiums lower for everybody. That being said, any extra coverage makes insurance more expensive, so for the absolute lowest prices, stick with minimum car insurance coverage.
Legislation. The New York State Senate. (2023).
https://www.nysenate.gov/legislation/laws/ISC/5102
Shopping for Auto Insurance. New York State. (2023).
https://www.dfs.ny.gov/consumers/auto_insurance/minimum_auto_insurance_requirements
Highway Statistics 2020. Policy and Governmental Affairs Office Highway Plicy Information. (2023, Feb).
https://www.fhwa.dot.gov/policyinformation/statistics/2020/mv1.cfm
New York Consolidated Laws, Civil Practice Law and Rules – CVP § 1411. Damages recoverable when contributory negligence or assumption of risk is established. FindLaw. (2021, Jan 1).
https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-1411.html
New York State Insurance Requirements. New York State Department of Motor Vehicles. (2023).
https://dmv.ny.gov/insurance/insurance-requirements
2019/2020 Auto Insurance Database Report. National Association of Insurance Commissioners. (2023, Jan).
https://content.naic.org/sites/default/files/publication-aut-pb-auto-insurance-database.pdf
NEW YORK CAR INSURANCE. USAA. (2023).
https://www.usaa.com/inet/wc/new-york-car-insurance?akredirect=true