Navigating Insurance Coverage in a Rochester Car Accident
New York car insurance laws can be complicated, especially when it comes to figuring out the amount of coverage you need to carry by law. Many Rochester residents aren’t sure exactly what their car insurance policies cover or how insurance requirements affect them after a car crash.
The experienced team of car accident lawyers at Horn Wright, LLP, are ready to guide you after an accident from start to finish, giving you peace of mind your rights are protected. Knowing what New York requires for insurance, what each coverage does, and how minimum coverages impact you is must-have knowledge after a car accident.
What are the Minimum Car Insurance Requirements in New York?
New York requires every driver to carry automobile insurance that meets certain statutory minimums. These minimum amounts are aimed at making sure drivers can cover basic expenses after a car accident. New York’s insurance minimums include:
- Liability Coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage per accident
- Uninsured Motorist Coverage:
- $25,000 per person and $50,000 per accident for bodily injury caused by uninsured drivers.
- Personal Injury Protection (PIP) (aka “No-Fault”)
- $50,000 for medical expenses, lost wages, and other costs.
The minimum insurance coverages protect Rochester’s drivers and passengers with basic financial support after a car accident. However, car accident victims often find these minimums don’t fully cover significant injuries or extensive property damage. Knowing what each coverage does in advance will help you make better choices when deciding if you need additional coverage.
What Does Automobile Liability Insurance Cover in New York?
Liability insurance, in the context of auto accidents, covers injuries or damage you cause to others in a car accident. The mandatory minimum coverages for both bodily injury and property damage for you to legally operate a vehicle are.
- Bodily Injury Coverage: This coverage pays initially for pain and suffering, but can also cover medical expenses and lost wages if those expenses exceed the $50,000 in No-Fault coverage. New York requires a minimum of $25,000 per person and $50,000 per accident.
- Property Damage Coverage: This coverage pays for repairs to other vehicles or property damaged in an accident. The minimum amount you need to have in New York is $10,000.
These limits serve as a baseline, but they might not cover everything and can leave you personally liable for any remaining costs. Consider increasing your liability coverage if you want greater protection, especially if you have assets that could be at risk in a lawsuit.
Protect Yourself from Uninsured Drivers: Uninsured Motorist Coverage
Unfortunately, some Rochester drivers still operate without insurance. Uninsured motorist (UM) coverage protects you if an uninsured driver is negligent and causes you injuries. New York requires all policies to match their liability insurance, so the same minimums of $25,000 per person and $50,000 per accident will apply.
UM coverage only applies to bodily injury, not property damage. This means that while UM coverage can help with medical bills and lost wages in excess of the No-Fault limits, you may still face out-of-pocket costs to repair or replace your vehicle if it’s damaged by an uninsured driver. For extra protection, some Rochester drivers add supplemental uninsured/underinsured motorist (SUM) coverage. SUM insurance provides additional coverage in the event the at-fault driver’s coverage is inadequate for your injuries and damages.
Personal Injury Protection (PIP) Coverage: Medical Expenses and Lost Wages
New York is one of only a handful of “No-Fault” states that require coverage for medical expenses and lost wages regardless of who is at fault for the car crash. PIP benefits cover your medical expenses, a portion of your gross lost wages, and other expenses, regardless of who caused the accident. New York law requires drivers to carry a minimum of $50,000 per person.
Although PIP offers valuable coverage that you need right after a car accident, its limits on what it pays for can leave major gaps in recovery in severe accidents. When an injured Rochester car accident victim exceeds the $50,000 in PIP coverage it exhausts those benefits, and their only remedy is to pursue the at-fault driver in a personal injury case.
Optional Car Insurance Coverage for Greater Protection
Having a minimum amount of required car insurance coverage gives Rochester drivers a solid foundation, but adding some lesser known coverages can increase that protection and your peace of mind. Here are some optional coverages that drivers often elect to add.
- Supplemental Uninsured/Underinsured Motorist (SUM) Coverage: SUM coverage protects you if the at-fault driver carries no insurance or carries low coverage limits. It’s designed to compensate beyond the basic liability limits of the at-fault driver, covering both bodily injury, and medical expenses and lost wages if they exceed the $50,000 in No-Fault coverage.
- Collision Coverage: Collision insurance pays for repairs to your vehicle after an accident, regardless of fault. This coverage helps avoid large out-of-pocket expenses, especially in single-car accidents when liability insurance doesn’t apply. Collision coverage often includes a deductible, which is the amount you pay before the insurer covers the rest.
- Comprehensive Coverage: Comprehensive insurance covers non-collision incidents, such as theft, vandalism, or weather damage. Comprehensive coverage also includes a deductible, and it can be valuable by protecting your vehicle from costly repairs.
- Medical Payments Coverage: Medpay covers medical expenses for you and your passengers, regardless of fault, and it can supplement PIP benefits. Medpay usually covers deductibles and co-pays to reduce out-of-pocket costs in serious car accidents.
These optional coverages, although not required, allow Rochester drivers to tailor their car insurance to meet their needs and budget. Adding higher coverage limits and additional coverage types keeps you prepared in the event you’re in an accident, regardless of fault.
What is the New York “Serious Injury” Threshold?
While New York’s No-Fault insurance system gives you automatic coverage for your medical bills, lost wages, and other reasonable expenses, it doesn’t compensate you for pain and suffering. In exchange for No-Fault benefits, New York requires your injury meet the “serious injury” threshold. To successfully meet threshold, you must show an injury that resulted in at least one of the following nine categories:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
If you’re able to meet the serious injury threshold you can pursue compensation for pain and suffering above and beyond No-Fault benefits.
First Steps to Take in a Rochester Car Accident
Knowing about New York insurance requirements is helpful, but knowing what to do right after a car crash will protect your rights in the long run. Here are some key steps Rochester car accident victims should take right after an accident:
- File a Police Report: New York requires a police report for accidents causing injury, death, or property damage over $1,000. A police report will serve as evidence of the details of the car accident.
- Seek Medical Attention: Even if your injuries seem minor you want to see a doctor or medical provider as soon as possible to be evaluated. Medical records also document your injuries right after the crash and establish a connection to the car accident.
- Notify Your Insurance Company: Report the accident to your insurer as soon as you’re able to. Provide accurate details of what happened but avoid discussing fault until you’ve spoken with a car accident attorney at Horn Wright, LLP. Insurance adjusters evaluate each case carefully, and statements early on can impact the value of your case.
- Document the Accident: Get photographs of as many things relevant to the car crash that you can, from vehicles, to roadway markings, to weather. Try and obtain any witness contact information. This will help in your personal injury case down the road.
Following just these few steps can protect your health and any potential personal injury case if you later decide to file one in Monroe County Supreme Court.
How Can a Car Accident Attorney Help With Rochester Insurance Claims?
Insurance policies and the claims processes aren’t as straightforward as the insurance companies want you to think. The more serious an accident the more serious the risk of an error. A personal injury attorney at Horn Wright, LLP, will give you specific information on the insurance laws that impact your case so you can get the treatment and compensation you deserve.
A seasoned car accident lawyer can review your policy to see what coverages apply and whether there are any other sources of benefits to pursue. If your case involved disputed liability for who was at-fault, complex medical expenses, or uninsured drivers, your attorney will know exactly who and what to pursue with legal force.
Hire Experienced Rochester Car Accident Lawyers to Guide You
Getting the right legal help after a car accident makes all the difference. At Horn Wright, LLP, we offer you more than just legal representation. Our team knows the ins and outs of New York insurance laws, and we’re prepared to fight for every dollar you’re entitled to. We focus on your individual needs, keeping you informed and involved every step of the way. Let us handle the complexities so you can concentrate on recovery.
Call Horn Wright, LLP, today to speak with our attorneys and start your case.
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