How No-Fault Insurance Works in Hamburg, New York
If you’ve been injured in a car accident in New York, you may be entitled to financial compensation—even if you were partially or entirely at fault. Thanks to New York’s no-fault insurance system, also known as Personal Injury Protection (PIP), your medical bills and certain economic losses may be covered by your own insurance policy. However, fault still plays a role in more serious cases, especially when it comes to pursuing non-economic damages. Because navigating claims under no-fault rules can be complex—often involving more than one insurance company—it’s important to speak with a car accident lawyer as soon as possible.
Personal Injury Protection Is Built Into Your Car Insurance Policy
New York law requires that all registered vehicles carry no-fault (PIP) coverage. This part of your insurance policy pays for certain economic losses after a crash—regardless of who caused the accident. These benefits typically include:
- Medical expenses
- Lost wages (typically 80% of lost income, capped at $2,000/month for up to three years)
- Necessary out-of-pocket costs (such as transportation to medical appointments)
Property damage, however, is not covered under PIP; that is handled under a different portion of the policy (collision or liability). If your injuries are minor, PIP may be your only avenue for recovery. But if your losses exceed the PIP limit or you suffer a “serious injury,” you may pursue additional compensation through a lawsuit against the at-fault driver.
You Can Still Pursue a Lawsuit for Serious Injuries
While New York’s no-fault system limits lawsuits in minor accidents, it does not eliminate your right to sue altogether. You can file a claim against the at-fault driver if you suffered a “serious injury” under New York Insurance Law § 5102(d). Qualifying injuries may include:
- Fractures
- Significant disfigurement
- Loss of a body function, organ, or system
- Permanent or significant limitation of use
- Disability lasting at least 90 of the 180 days following the crash
If your injury meets this threshold, you may be eligible to recover non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Additionally, if your medical costs exceed your PIP coverage limits, you may be able to sue for the excess amount—even without meeting the serious injury threshold.
Insurance Companies Can Still Complicate the Process
Even though your own insurance company is supposed to cover PIP benefits, it may delay, underpay, or deny legitimate claims. Common disputes include disagreements over:
- Whether certain medical treatments were necessary.
- The amount of lost wages you’re owed.
- Whether treatment was related to the crash.
The other driver's insurance company may also dispute liability or offer you a low settlement far below what your case is worth. In either scenario, a car accident lawyer can advocate for your rights, gather necessary documentation, and, if needed, file a lawsuit on your behalf.
Contact the Hamburg Car Accident Lawyers at Dan Chiacchia Injury Attorneys
If you were hurt in a car crash, don’t navigate the no-fault system alone. Contact the Hamburg car accident lawyers at Dan Chiacchia Injury Attorneys to learn more. Schedule a free case review today by calling 716-648-3030 or completing our online contact form. Our office is located in Hamburg, New York, and we serve clients in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.
