Understanding Your Car Insurance Coverage After an Accident in New York City

Understanding Your Car Insurance Coverage After an Accident in New York City

A car accident in New York City can change everything fast. You may be dealing with injuries, medical appointments, missed work, vehicle damage, and nonstop calls from insurance adjusters. Many NYC crash victims feel pressured to make quick decisions before they understand what their auto insurance policy actually covers.

At Greenstein & Pittari, LLP, we help injured New Yorkers in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County understand New York car insurance coverage after an accident and fight back when insurance companies delay, deny, or undervalue valid claims.

Call 1-800-VICTIM2 (1-800-842-8462) for a FREE consultation.
No fee unless we win.

What to Do First After a New York City Car Accident

Your health comes first. If you are able, take these steps:

• Call 911 and request police and medical assistance
• Get medical care immediately, even if symptoms seem minor
• Exchange information: names, contact details, license plates, insurance, and vehicle owner info
• Photograph the scene: damage, positions of vehicles, road conditions, traffic signs, and visible injuries
• Get witness names and phone numbers
• Notify your own insurance company promptly so no-fault benefits can begin
• Save everything: bills, receipts, wage loss documentation, and all insurer communications

If you have any serious injury, please speak with a lawyer before giving a recorded statement or signing anything.

Call Greenstein & Pittari, LLP at 1-800-VICTIM2 to protect your claim.

How Car Insurance Works in New York City After an Accident

New York is a no-fault auto insurance state. That usually means your own insurance is the first place you turn for certain benefits, even when another driver caused the crash.

In most NYC accident cases:

• PIP (no-fault) coverage pays first for medical bills and some lost wages
• Fault does not matter for basic no-fault benefits
• Pain and suffering compensation is usually available only if you meet New York’s serious injury threshold

Your policy may include multiple coverages, and each coverage applies to different losses. Injury benefits, vehicle damage, and claims against the at-fault driver often follow various rules and timelines.

Required New York Auto Insurance Coverage

Personal Injury Protection (PIP) No-Fault Benefits

PIP is usually the first source of payment for accident-related injuries.

PIP may cover:

• Reasonable and necessary medical treatment related to the crash
• Lost wages, often up to 80 percent, capped at $2,000 per month
• Certain out-of-pocket expenses related to treatment, such as transportation to appointments

Minimum required PIP: $50,000 per person.

PIP typically applies to drivers, passengers, pedestrians, and cyclists injured by a motor vehicle in New York.

PIP generally does not cover:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage to your vehicle

Motorcycle operators and passengers are commonly excluded from PIP in many situations.

Bodily Injury Liability Coverage

This coverage protects other people if you are at fault. It does not pay for your own injuries.

Minimum limits commonly include:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• Higher death limits may apply under New York requirements

Property Damage Liability Coverage

This pays for damage you cause to someone else’s property.

• Minimum required is commonly $10,000 per accident

In NYC, this limit is often insufficient to cover the cost of repairs for modern vehicles.

Uninsured Motorist and Underinsured Motorist Coverage

This coverage can protect you when the at-fault driver:

• Has no insurance
• Has too little insurance
• Flees the scene in a hit-and-run in many situations

Minimum required limits are commonly:

• $25,000 per person
• $50,000 per accident

Many New Yorkers also carry higher Supplemental Uninsured and Underinsured Motorist coverage, often referred to as SUM. This can be critical in severe injury cases.

Optional Auto Insurance Coverages That Can Matter in NYC Accidents

Optional coverages can change the outcome of a claim, especially when vehicle damage is significant or injuries are severe.

Collision Coverage

Collision coverage may pay to repair or replace your vehicle after a crash, regardless of fault, usually subject to a deductible and up to the vehicle’s actual cash value. It can help you move repairs forward quickly while the fault is still under investigation.

Comprehensive Coverage

Comprehensive coverage applies to non-collision damage, such as theft, vandalism, fire, flooding, falling objects, and certain weather-related damage. Many policies include glass and windshield coverage.

Gap Insurance

If your car is totaled and you owe more on your auto loan than the insurer values the car, gap coverage may pay the difference, depending on the policy terms.

Additional PIP and Other Add-Ons

Depending on your policy, you may also have rental reimbursement, towing and labor, medical payments coverage, and other add-ons. These benefits often have strict limits and conditions.

We can review your declarations page and explain what coverages you have and what they mean after a crash.

How Coverage Applies After an NYC Crash

Injury Claims Usually Start With PIP

Even if the other driver is clearly at fault, your first-party no-fault coverage often pays first for injury-related economic losses. That is why you must notice your insurer.

Liability Claims Often Matter When Injuries Are Serious

A claim against the at-fault driver’s liability coverage becomes essential when:

• Injuries are serious
• Losses exceed PIP limits
• The claim includes pain and suffering, which PIP does not pay

Property Damage Is Separate From Injury Coverage

Vehicle damage can be pursued through:

• The at-fault driver’s property damage coverage, when available
• Your own collision coverage, depending on your strategy and policy terms

Uninsured or Underinsured Coverage Can Be the Difference Maker

Uninsured and underinsured motorist claims can provide meaningful compensation when the other driver has no insurance or not enough insurance to cover your losses.

Pain and Suffering in New York City: The Serious Injury Threshold

New York limits lawsuits for pain and suffering in car accident cases unless you meet the serious injury threshold under Insurance Law § 5102.

Common examples include:

• Fractures
• Significant disfigurement
• Permanent loss of use, or significant limitation of use
• Traumatic brain injuries
• Injuries that prevent normal activities for at least 90 of the first 180 days after the accident

Insurance companies often dispute whether injuries qualify. These cases require strong medical documentation, consistent treatment records, and clear proof of how the injury affects daily life and work.

Vehicle Repairs and Total Loss Claims in New York City

Insurance companies may:

• Require inspections or photo estimates
• Recommend preferred repair shops, but you can usually choose your own licensed shop
• Declare a vehicle a total loss based on repair costs compared to value

Common problems include:

• Lowball valuations for totaled vehicles
• Disputes about the car’s condition, options, maintenance, and comparable listings
• Confusion about paperwork and salvage issues

If the insurer undervalues your vehicle, that can also affect the overall posture of your injury claim. We help clients push back.

Common Insurance Company Tactics After NYC Car Accidents

Insurers are businesses focused on limiting payouts. Common issues include:

• Delays and repeated documentation demands
• Denials or reductions of PIP benefits
• Arguments that treatment was not necessary
• Attempts to shift fault or exaggerate your share of responsibility
• Pressure to give recorded statements
• Pressure to settle before you understand your medical prognosis

If your injuries are severe, multiple vehicles are involved, or coverage issues exist, legal representation can make a significant difference.

Deadlines That Can Decide Your Case

Deadlines can affect both insurance benefits and lawsuits.

In general:

• Many personal injury lawsuits must be filed within three years
• Property damage lawsuits often have different time limits
• Claims against NYC and other public entities can involve very short notice requirements

Insurance deadlines, especially for no-fault benefits, can be much shorter than court deadlines. Waiting too long can cost you benefits and leverage.

If you are unsure about deadlines in your case, call us now.

How Greenstein & Pittari, LLP Helps After a New York City Car Accident

When you hire Greenstein & Pittari, LLP, we can:

• Identify all applicable coverages: PIP, liability, uninsured and underinsured motorist coverage, collision, comprehensive, gap, and more
• Handle communications with insurance adjusters
• Protect you from recorded statement traps and paperwork pitfalls
• Build the most substantial claim with medical documentation, wage proof, and supporting evidence
• Fight for maximum compensation by settlement or litigation when necessary

Call 1-800-VICTIM2 (1-800-842-8462) for a FREE consultation.
No fee unless we win.

FAQ: Car Insurance Coverage After a New York City Accident

Do I have to report the accident to my insurer if I was not at fault?
Yes. Prompt notice is often required, and it helps trigger PIP and other benefits.

What does PIP cover in New York?
PIP can cover reasonable and necessary medical care and specific wage loss benefits up to policy limits. It may also cover certain out-of-pocket treatment expenses.

What does PIP not cover?
PIP generally does not cover pain and suffering or vehicle and property damage.

Can I sue the at-fault driver in New York City?
You may be able to if your injuries meet the serious injury threshold or if losses exceed no-fault benefits in ways that allow a claim. Each case depends on facts and medical proof.

What is the serious injury threshold in New York?
It is a legal standard that limits lawsuits for pain and suffering in auto cases. It can include fractures, significant disfigurement, permanent or considerable limitation, traumatic brain injuries, and specific injuries that significantly limit normal activities for a defined period.

What if the other driver has no insurance, or it was a hit-and-run?
Your uninsured motorist coverage or supplemental uninsured motorist coverage may apply, depending on the facts and policy terms.

Can I recover compensation if I was partly at fault?
Often yes. New York follows comparative fault principles so that compensation can be reduced by your percentage of fault rather than eliminated.

Can I choose my own repair shop in NYC?
In most cases, yes. You can usually choose any licensed repair facility. You do not have to use an insurer’s preferred shop.

If my car is totaled, will insurance pay what I owe on my loan?
Not always. Insurers typically pay actual cash value, which may be less than your loan balance. If you have gap insurance, it may help.

Should I give a recorded statement to the insurance adjuster?
In cases of severe injury, talk to a lawyer first. Statements can be used to reduce or deny claims.

Will my insurance rates go up if I file a claim?
It depends on the fault and policy terms. At-fault claims may raise rates. Not-at-fault claims often do not, but insurers vary.

How long do I have to file a lawsuit after a New York City car accident?
Time limits vary by claim type and defendant. Many injury claims have a three-year filing period, but some cases have far shorter notice deadlines. Insurance deadlines can be much shorter than court deadlines.

Free Consultation With Greenstein & Pittari, LLP

You should not have to decode fine print and fight adjusters while you are injured and trying to heal. If you were hurt in a car crash in New York City, Greenstein & Pittari, LLP is ready to help you understand your coverage and pursue the compensation you deserve.

Don’t Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462) today.
The call is free. The consultation is free. You pay nothing unless we are successful.

Why Choose Greenstein & Pittari, LLP

• Local Harlem office for convenience and trust
• Seven convenient locations throughout New York: Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
• No fee unless we win, our Fee Guarantee
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• We handle the insurance companies so you can focus on healing
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