New York is a no-fault state, meaning that your own car insurance will pay for some of your medical bills and lost earnings, regardless of who caused the accident. However, for serious injuries, you can step outside the no-fault system to sue for pain and suffering and other damages not covered by your insurance.

What makes New York somewhat unique among no-fault states is its requirement for all drivers to also carry liability insurance and uninsured motorist coverage. This means that, although PIP will pay for your own injuries in many accidents, you can still file a claim against the other driver to pursue damages above your PIP limit, as well as pain and suffering damages for serious injuries.

PIP, while helpful in that it doesn’t require you to fight the other driver’s insurance to get some compensation, is limited in what it will pay. For example, it will only pay 80 percent of medical costs or lost wages – even if your costs are below your policy limit. In other words, you’ll always have to pay something out of pocket for the other driver’s mistake.

Pursuing a traditional claim against the negligent driver is the most reliable way to get maximum compensation for all your medical costs, lost wages and pain and suffering.

New York follows a pure comparative negligence rule. This means if you are found partially at fault for your injury, your compensation may be reduced by your percentage of fault. In states with modified comparative negligence, you can’t collect compensation if you were more than half at fault. In a pure comparative negligence state, like New York, you can be 99 percent at fault and still collect some compensation.

Medical expenses can mount quickly, especially in New York where many individuals face high deductibles or may not have sufficient health insurance coverage to offset the high costs of care. These financial burdens are often compounded by lost wages and the need for long-term rehabilitation, adding stress to an already difficult situation.

You shouldn’t have to bear the cost of injuries that occurred through no fault of your own. Those responsible for causing the injuries, along with their insurance providers, should compensate you for medical costs, lost income and the pain and suffering you have endured.

Insurance companies are in business to make money for their shareholders. Their operational model is to maximize premium income while minimizing claim payments. For people injured in auto accidents in New York, this means prioritizing their bottom line over your well-being. They may attempt to deny your claim, diminish your injuries or pressure you into accepting a settlement that is less than you deserve. They exploit your urgent need for funds, assuming you lack the resources to challenge them effectively.