Understanding No-Fault Coverage in Long Island
Anybody who drives a car in the state of New York, which includes the suburb of Long Island, must have personal injury protection. In the state of New York, it is called no-fault insurance. In other states and jurisdictions, it is called PIP or personal injury protection. A person is purchasing a provision in their insurance policy that allows them to get coverage for them and any passengers in their car injured in an accident.
There is no bearing on fault. Whether a person is or is not at fault does not matter; everybody is entitled to get a level of treatment that is responsive to the injuries that they have. Hospital bills, medical bills, pharmaceutical bills, wage loss, home care, transportation if needed, and other miscellaneous items are covered under the New York no-fault law. Understanding no-fault coverage in Long Island may be difficult but with the assistance of a qualified car accident lawyer, it is possible. If you have been involved in a car accident, get in touch with an attorney today.
Things to Know About PIP
People should know that PIP coverage does end unless a person is catastrophically injured. It can end as early as three months, but it generally ends after the first or second physical exam. That is where the insurance company stops. Also, it is important to know that just because a person has no-fault insurance and it is available does not mean that they will cover everything that their doctor says they need. For example, if the doctor says, “the injured party needs a certain medical procedure, does not mean that no-fault is going to agree with that.
If the no-fault insurance does not agree, they are not going to pay for it. If they do not pay for it, the person is not getting the procedure done unless they use their private insurance. Private insurance may not pay for it, because they may say that no-fault should pay for it. It can get very sticky. It is usually not smooth sailing, there is usually some bumps in the road when it comes to no-fault.
Impact of PIP Coverage on a Case
Understanding no-fault coverage in Long Island means understanding that people are typically talking about two separate claims. Everybody is entitled to PIP coverage or no-fault coverage regardless of whether or not the accident was a person’s fault. If the accident was not the person’s fault, they have the option of pursuing a claim for pain and suffering, and non-economic damages.
If the accident was somebody else’s negligence or if they are partially negligent, they are allowed to bring a claim against the other party for non-economic damages, pain, and suffering. The claims for PIP are separate. In most instances, there is no bearing on whether the person has no-fault coverage or PIP coverage and liability coverage. They are two separate issues. Occasionally, one plays some role with the other, but for the most part, they are two separate claims.
If a person does not have PIP coverage, they are not entitled to PIP coverage. The only way someone would not have PIP coverage in New York is if they were riding a motorcycle. If they are uninsured, all the medical bills flowing from their injuries would have to be paid by their private health insurance. If they do not have private health insurance, it would have to be paid by some public health policy, like Medicare or Medicaid.
Misconceptions About PIP Coverage
Most people do not understand no-fault insurance and how much they pay for their PIP coverage. Often people think that their no-fault coverage goes on forever. PIP coverage or no-fault will cover not only hospital expenses and medical expenses, but wage losses, medications, physical therapy, some forms of transportation to and from medical care, and some forms of home care if needed. Most people do not utilize PIP coverage the way they should, maybe as a result of not knowing how much it covers.
On the other hand, there is a misconception that PIP coverage will continue for as long as a person needs medical care. While in theory that is correct, in reality, most insurance companies try to get it over with as soon as possible. That means as soon as there is an independent medical exam, they will probably cut off the claimant’s benefits and provide no more insurance.
Role of an Attorney
An attorney can explain at the outset what no-fault insurance covers, and what it does not, how to utilize it, and the pitfalls, such as it is likely to stop at some point reasonably soon after the accident. For some people that might mean three months after the accident. For other people that might mean six months after the accident. There are people that get it longer than that, but everybody has to understand that it ends at some point. In most cases, there is a $50,000 to $75,000. If somebody is seriously injured or catastrophically injured, they will blow out the amount that they could utilize quickly. If somebody is in a hospital for three or four weeks, that $50,000 or $75,000 gets used up quickly. Understanding no-fault coverage in Long Island is vital to your car accident case. A skilled attorney can explain no fault-coverage and how it may impact your case. Furthermore, a lawyer can help you fight for a positive outcome in that case.
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