If you have been injured in a collision caused by another driver’s negligence, you might be wondering how to recover compensation for your damages. Typically, you can obtain compensation through either your PIP insurance or a personal injury lawsuit. But can you pursue both options after a car accident? Please continue reading as we explore your legal options in the aftermath of a crash and how a seasoned New York City Car Accident Attorney can help assist you during these difficult times.
What is PIP?
Personal Injury Protection (PIP) is a type of auto insurance that covers a range of economic damages, including medical expenses and lost wages, if you get into an accident, regardless of who caused the crash. Essentially, your insurer will pay out benefits even if you were partially or fully at fault for a car accident. It’s important to note that all drivers in New York are required to carry PIP insurance. This is a mandatory part of New York’s no-fault auto insurance laws. The minimum PIP coverage limit is $50,000.
Can I File a Personal Injury Lawsuit After Being Compensated Through PIP Insurance?
While PIP insurance pays out regardless of who caused the accident, this doesn’t mean that fault is not assigned. PIP is the first coverage to pay out, but it offers limited coverage. PIP insurance doesn’t cover non-economic damages like pain and suffering. Depending on the unique circumstances of your accident, a personal injury lawsuit may be necessary. If your damages are substantial and exceed your insurance policy, you may be able to file a personal injury lawsuit to help you recover compensation for the full extent of your losses.
You should note that if you are awarded compensation through a personal injury settlement, there is a possibility that you will need to reimburse your insurer. This is usually only the case if you were compensated for your medical expenses that were already covered by your insurance provider. If you are only awarded compensation for vehicle damage, non-economic losses, or other expenses that you were not previously paid for, you won’t need to pay your insurer back.
As you can see, filing a personal injury lawsuit can help you recover compensation for damages that are not covered under PIP. In the unfortunate event that you have been injured in a car accident due to another party’s negligence, please don’t hesitate to contact a skilled New York City car accident attorney from Swerling Law to better understand your options and determine the best course of action. Connect with our firm today to learn how we can help you fight for the compensation you deserve and need to get your life back on track.
