New York’s no-fault insurance laws provide compensation for medical expenses and lost wages after an accident, regardless of who was at fault. But what happens when the accident involves a commercial vehicle?
No-Fault Coverage When a Commercial Vehicle is Involved
In New York, if you’re injured in a motor vehicle accident, the first step is to file a claim with your personal injury protection (PIP) insurance. This coverage helps pay for medical expenses, a portion of your lost wages, and other essential costs up to the limit set by your policy. However, it’s important to note that PIP doesn’t cover pain and suffering or any other intangible losses.
If you’re involved in an accident with a commercial vehicle, no-fault laws still apply, and your own PIP insurance will cover your injuries. However, if you’re hit by a commercial vehicle while walking or biking, then their PIP insurance will cover the quantifiable costs associated with your injuries.
Serious Injury Exception for Personal Injury Claims
Both personal and commercial vehicles must have at least $50,000 in PIP. You may also be eligible to pursue additional compensation for your pain and suffering through a liability claim. But, your injuries must meet the serious injury rule to seek compensation beyond the PIP limit for pain and suffering.
Serious injuries include death, dismemberment, disfigurement, fractures, loss of an unborn child, or permanent loss or limitation of bodily function. New York also has a 90/180-day rule, which allows victims to file a lawsuit even if injuries don’t meet the serious injury threshold. This rule applies if your injuries cause disability for at least 90 days within the first 180 days after the accident.
If your injuries meet these criteria, you can step outside the no-fault system and file a personal injury lawsuit against the driver and the company that owns the vehicle.
Seeking Legal Guidance
If you’ve been injured in a commercial vehicle accident and your injuries are significant, it’s important to understand that you may be entitled to compensation beyond what your PIP insurance provides.
An experienced attorney can guide you through the entire process, from dealing with insurance companies to potentially filing a lawsuit. With the right legal support, you can fight for the compensation you deserve, covering all your accident-related losses.
For over 45 years, Jaroslawicz & Jaros, PLLC has fought for injured clients and recovered over $2 billion in compensation, including numerous multimillion-dollar settlements. We provide the personal attention every client deserves. When you work with us, you get direct access to an attorney, not just a paralegal or secretary. If you or a loved one has been injured in a commercial vehicle accident, please contact us online or call 212-227-2780 today for a free consultation.
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