After being involved in a car accident your number one concern is likely your health and safety. However, once you have been medically evaluated and treated, you will probably begin to wonder about the costs associated with the crash. It is possible to recover compensation through both PIP insurance and a personal injury lawsuit but whether or not you can in your case will depend on the details of your circumstances. For more information on your legal rights and options and to obtain skilled representation during your case, reach out to a Rockland County car accident lawyer today.
What is PIP?
PIP stands for Personal Injury Protection. It is a type of no-fault insurance that provides drivers with coverage in the event of an accident, regardless of who caused the collision. PIP insurance is required under New York state law and all drivers must carry the minimum amount: $25,000 bodily injury liability per person and $50,000 death per person.
No-fault insurance is designed to promptly pay victims of an accident for economic losses including medical expenses, lost wages, and other costs required due to their injuries, like household help or transportation expenses.
Can I Recover Compensation from Both PIP and a Personal Injury Lawsuit?
Put simply, yes, it is possible for you to recover compensation from both PIP insurance and a personal injury lawsuit. Because New York is a no-fault state when it comes to car accidents, after being involved in a collision, you must first submit a claim to your insurance provider through personal injury protection.
After evaluating the details of your claim and examining the evidence provided, your insurer will likely compensate you for your medical expenses and lost wages due to time taken off of work to recover. However, PIP does not cover other expenses like the costs to repair vehicle damage, pain and suffering, or emotional distress. In addition, you may not have enough coverage for the entirety of your associated costs.
If your injury was severe enough that your PIP doesn’t cover all of your expenses or if you want to recover damages for costs not covered by PIP, you can file a personal injury lawsuit. If the other driver is at fault for the accident, they may be liable for the economic and noneconomic damages sustained as a result. With the help of an experienced injury lawyer, you can file a lawsuit against the negligent party in hopes of collecting compensation for property damage, pain and suffering, emotional distress, development of mental disorders, and any costs not covered by your PIP benefits.
With enough evidence, you can establish the defendant’s liability and be awarded compensation for your remaining damages. Consult with an attorney at Mitchell J. Schroeder, P.C. for more information today.
