After a car accident, it’s common to wonder what liability insurance covers if you’re not at fault. In New York, the answer involves a few layers, starting with your own insurance before you look at the other driver’s coverage. A Long Island car accident lawyer can help you understand how these layers apply in your specific case, ensure you’re not missing out on compensation, and guide you through the claims process if the at-fault party’s insurance doesn’t fully cover your losses.
Liability coverage helps you get the support you need, and a personal injury lawyer can guide you every step of the way.
For a free legal consultation, call 516-451-7900
Types of Insurance in New York
Liability insurance is a part of an auto insurance policy and covers damages or injuries you cause to other people if an accident is your fault. It doesn’t pay for your own car repairs or your own medical bills if you cause the crash. If someone else is responsible, do insurance companies pay for your losses? In many cases, yes—through the at-fault driver’s liability coverage or your own policy’s additional protections.
Instead, it protects you financially if you’re legally responsible for harming someone else or their property. It’s there for when you are the one at fault.
Now, the converse is also true: Someone else’s liability insurance covers you when they’re at fault.
New York’s No-Fault Insurance
New York is a no-fault insurance state, which means that if you’re injured in a car accident, your own Personal Injury Protection (PIP) coverage pays for your initial medical expenses and a portion of your lost wages.
This is true regardless of who caused the accident. Your PIP benefits are the first source of payment for these economic losses. So, even if the accident was clearly not your fault, you first turn to your own auto insurance policy for PIP benefits. The no-fault application must be filed within 30 days of the collision.
Bodily Injury Liability Coverage (The Other Driver’s Policy)
Bodily injury liability coverage is the part of the at-fault driver’s insurance policy that pays for injuries to others. If another driver caused your accident and you suffered a serious injury as defined by New York law, you might pursue a claim against their bodily injury liability insurance.
This coverage handles medical costs that go beyond your PIP benefits and also compensates for pain and suffering. The amount of coverage they provide depends on the policy limits of the at-fault driver selected.
Property Damage Liability Coverage (The Other Driver’s Policy)
Property damage liability coverage is another part of the at-fault driver’s auto insurance, and it pays for repairs to or replacement of your vehicle if the other driver is responsible for the accident.
It also covers damage to any other personal property that was harmed in the incident, like a bicycle or items in your car. If you’re not at fault, you will make a claim against the other driver’s property damage liability insurance to fix your car. A car accident without insurance in New York can complicate this process, especially if the at-fault driver lacks coverage, which may require you to rely on your own uninsured motorist benefits.
Uninsured/Underinsured Motorist (UM/UIM) Coverage (Your Policy)
Uninsured Motorist (UM) coverage is a part of your own auto insurance policy. It protects you if an at-fault driver has no liability insurance.
Underinsured Motorist (UIM) coverage also comes from your policy. It applies if the at-fault driver has insurance, but their liability limits are insufficient to cover all your damages from a serious injury. If your UIM policy is greater than the at-fault party’s liability coverage, you can potentially access your own UIM coverage.
Both UM and UIM coverage help you recover compensation for injuries and, in some cases, property damage, when the person who caused the accident cannot adequately pay.
These coverages are useful when figuring out what helps beyond the other driver’s liability insurance if you’re not at fault.
How Compensation Works When You’re Not At Fault in a New York Accident
When another driver’s negligence causes an accident, getting fair compensation involves several steps. Their liability coverage should help with your medical bills and get your car fixed without your own finances suffering.
Your Immediate Medical Bills and Lost Wages
As mentioned, New York’s no-fault law means your own PIP coverage handles your initial medical bills and lost wages. You make a claim under your own auto insurance policy for these benefits. Your PIP provides up to $50,000 for these necessary economic losses.
Types of Compensation
If your medical expenses and lost wages exceed your $50,000 PIP limit, you may look to the at-fault driver to cover these losses. You can also seek compensation for non-economic damages. Who pays for car accident compensation depends on the circumstances, but typically, it begins with your own PIP coverage and shifts to the at-fault driver’s liability insurance when serious injuries or uncovered costs are involved.
Common damages include:
- Medical Expenses: This covers all costs for medical treatment you’ve already received, such as emergency room visits, hospital stays, surgeries, doctor’s appointments, and medication, plus the projected costs for any ongoing or future medical care.
- Lost Income and Earning Capacity: This includes compensation for the wages, salary, overtime, and other benefits you’ve lost because your injuries prevented you from working. If your injuries impact your ability to earn a living or require you to change careers, this also covers the loss of future earning capacity.
- Vehicle and Property Damage: This covers the costs of repairing or replacing your car if it was damaged or totaled in the accident. It also includes compensation for any other personal property destroyed or damaged in the collision, such as electronics, child safety seats, or items you were transporting.
- Pain and Suffering: This compensates you for the physical pain, discomfort, and mental anguish you’ve endured due to the accident and your injuries. It acknowledges the non-economic impact, such as the impact physical limitations and pain have on you, the mental consequences of your injury (stress, anxiety, depression), and the general hardship caused by the traumatic event.
- Loss of Enjoyment of Life: This provides compensation for how your injuries have negatively affected your ability to participate in and enjoy daily activities, hobbies, recreational pursuits, and family life that you engaged in before the accident.
- Permanent Impairment or Disfigurement: If your injuries result in any permanent physical limitations, scarring, or disfigurement, you may receive compensation for the long-lasting nature of these conditions and their impact on your life.
Don’t Miss Your Deadline
A statute of limitations is a law that sets a time limit for filing a lawsuit. If you miss this deadline, you generally lose your right to sue for damages. For most car accident personal injury claims in New York, you have three years from the accident to file a lawsuit.
This deadline applies when suing the at-fault driver for damages beyond PIP, such as a serious injury. While this seems like a long time, investigating a claim and preparing a lawsuit takes time and effort.
Exceptions
The rules are different if the at-fault party is a New York municipality (like Garden City, Suffolk County, or Nassau County). You must file a Notice of Claim within 90 days of the accident.
If an accident tragically results in someone’s death, the statute of limitations for filing a wrongful death lawsuit in New York is two years.
This two-year period typically starts from the date of the person’s death and applies even if the wrongful death was due to medical malpractice related to accident injuries.
How a Lawyer Helps With Your Personal Injury Claim
A lawyer offers valuable assistance, guiding you through the complex insurance and legal processes. An attorney protects your rights and works to get you fair compensation. That’s why it’s important to choose a personal injury lawyer who understands the local laws and has experience negotiating with insurers and representing injured clients in court.
Investigating To Establish Fault
Attorneys conduct thorough investigations into the accident details. They go beyond the initial police report, actively seeking out and interviewing witnesses, and meticulously examining the accident scene for any overlooked evidence.
Lawyers also work to secure and analyze any available traffic camera footage or photos from bystanders, and they may consult with accident reconstruction professionals to demonstrate clearly how the other party was responsible for the collision.
This comprehensive approach builds a strong foundation for your claim.
Explaining Insurance Complexities Clearly
Lawyers make complex insurance policies understandable, explaining precisely what liability insurance covers if you’re not at fault and detailing how your own PIP benefits function alongside the at-fault driver’s coverage.
They also clarify the role of Uninsured/Underinsured Motorist (UM/UIM) benefits in your specific situation, so you have a clear picture of all potential sources of compensation. This knowledge empowers you to make informed decisions throughout your case.
Handling All Insurer Communications
Experienced attorneys take over all discussions and correspondence with every insurance company involved. This includes your own insurer for PIP claims and, more importantly, the at-fault driver’s insurance adjuster who may try to minimize your payout.
By managing these communications, a Long Island car accident lawyer shields you from pressure tactics and prevents you from unintentionally saying something that could harm your claim, allowing you to focus on your recovery.
Calculating Damages
A lawyer meticulously identifies and calculates all your possible damages to determine the true value of your claim so that settlement negotiations begin with a comprehensive understanding of your losses.
Negotiating a Fair Settlement
Attorneys are adept negotiators, trained to advocate effectively on your behalf with insurance companies. They leverage the strength of the evidence and their deep knowledge of New York personal injury law to press for a settlement that truly and fairly reflects all your losses.
Taking Your Case to Court if Necessary
If the insurance company refuses to offer a settlement that fairly compensates you for your injuries and losses, a dedicated lawyer can file a lawsuit and skillfully represent your interests in court. This is one reason why you need a personal injury lawyer—they’re equipped to escalate your case when negotiations stall and fight for the compensation you’re owed.
They manage all aspects of the litigation process, from pre-trial motions and discovery to presenting your case persuasively before a judge.
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FAQ for What Does Liability Insurance Cover if You’re Not At Fault?
If Someone Else Caused the Accident, Why Does My PIP Insurance Pay First in New York?
New York’s no-fault law requires your own Personal Injury Protection (PIP) coverage to pay for your initial medical expenses and lost wages up to $50,000. This happens regardless of who is at fault.
The system is designed so that you receive prompt payment for these basic economic losses without waiting for a lengthy fault determination.
What Does My Own Liability Insurance Cover if I’m Not At Fault in an Accident?
Your own liability insurance generally doesn’t cover your injuries or vehicle damage if another driver caused the accident. Your liability coverage is there to pay for damages or injuries you cause to others if you’re at fault.
If you’re not at fault, you would typically seek compensation from the at-fault driver’s liability insurance or through your own PIP and Uninsured/Underinsured Motorist coverage, depending on the specific circumstances and types of damages.
How Long Do I Have To File a Claim in New York if I Wasn’t at Fault?
In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the car accident. However, if your claim is against a city, county, or other municipal entity, you must file a Notice of Claim within 90 days of the incident.
For wrongful death claims, the limit is two years from the date of death. It’s best to act quickly and contact a lawyer to learn the deadline that applies to your situation.
What Happens if the Other Driver’s Insurance Isn’t Enough to Cover My Damages?
If the at-fault driver’s liability insurance is insufficient to cover all your damages from a serious injury, your own Underinsured Motorist (UIM) coverage may provide additional compensation. UIM coverage is a part of your auto policy and steps in when the responsible party’s limits are exhausted.
Do I Still Need To Report the Accident to My Insurance if It Wasn’t My Fault?
Yes, report the accident to your own insurance company, even if you believe you were not at fault. Most insurance policies require you to notify them of any accident promptly. However, be careful about what you share. It’s best to have your Long Island car accident lawyer communicate with your insurance company.
Reporting allows you to start your Personal Injury Protection (PIP) claim for medical bills and lost wages. It also protects you if the other driver unexpectedly tries to claim you were at fault or if you need to use your Uninsured/Underinsured Motorist coverage later.
Secure Your Right to Fair Compensation
Understanding your insurance and legal options is the first step toward recovery after a car crash. If another’s negligence caused your injuries, taking prompt action protects your ability to get the support you need.
The team at Rosenberg & Gluck LLP is ready to listen and protect your rights. Call us at (631) 451-7900 for a free consultation to discuss your accident. We assist clients in English and Spanish.
