When injured in a car accident in New York, your insurance coverage is your main option to recover compensation. That being said, with the existence of the pure comparative negligence rule and how it can be used to reduce a person’s compensation, many wonder, can comparative negligence impact my PIP benefits in New York? In this post, as your car accident lawyer in the Bronx, we at Gabriel Law will explain how comparative negligence and PIP coverage operate in New York and why you shouldn’t worry about comparative negligence impacting your PIP coverage.
What is comparative negligence in New York?
According to the rule of comparative negligence, if a person is partially at fault for the incident that caused them their injuries, any compensation they claim from the incident will be reduced to reflect the extent of the fault pinned on them.
In the United States, comparative negligence can be divided into two subcategories—pure comparative negligence and modified comparative negligence. Under pure comparative negligence, which operates in New York, a person can claim compensation for damages suffered, even if most of the fault for the accident lies with them. On the other hand, under modified comparative negligence, if the fault pinned on the person exceeds 50%, they will not be able to recover compensation.
The best way to show how comparative negligence can apply in a car accident case is with an example scenario. In this hypothetical scenario, A has met with a car accident in the Grand Concourse and is now claiming $100,000 in damages. However, the accident investigation pins 60% of the blame on A. This means that A’s final compensation will be reduced by 60%, and he will only walk away with $40,000.
What is Personal Injury Protection (PIP) Coverage in New York?
In New York, when a person is injured in a car accident, they are first required to try and recover compensation for losses suffered through insurance. With Personal Injury Protection (PIP) insurance, a person is able to recover compensation for a range of economic damages that they may have suffered due to the accident.
These can include medical expenses (hospital bills, medication, and rehabilitative treatments), lost wages, and other related expenses (e.g., transport costs to travel to and from medical treatment). However, a person can only claim up to $50,000 through their PIP coverage.
Fortunately, individuals injured in accidents are privy to compensation through their PIP coverage because New York is a no-fault state. This means that a person can recover compensation for the economic damages we’ve mentioned above, regardless of their fault in the accident. That is also the reason we also refer to PIP coverage as “no-fault insurance.”
Does Comparative Negligence Impact Your PIP Coverage in New York?
No, the pure comparative negligence rule in New York will not impact your payouts under the PIP coverage. A person is entitled to a full and fair insurance payout for economic damages such as medical expenses and lost wages under their PIP coverage, as the payments must be made irrespective of fault.
However, the pure comparative negligence rule can impact your case if you go beyond the payout awarded by your PIP coverage and try to claim compensation for non-economic damages such as pain and suffering and other types of damages.
Conclusion
When you’re looking to claim compensation for the damages suffered due to a car accident in New York, you must first contact your insurance provider. Fortunately, fault is not a consideration when claiming compensation through your PIP coverage. So you do not have to worry about New York’s pure comparative negligence rule negatively impacting your claim.
Whether it be an insurance matter or taking legal action, if you’re looking for a car accident lawyer in Brooklyn who helps you find the light at the end of the tunnel, Gabriel Law is here for you. Contact us to schedule a free consultation with advocates who listen, understand, care, and fight to help you get the compensation you deserve.
