Understanding New York PIP Law and Comparative Negligence

Brooklyn and Uniondale firm fights for compensation for auto accident victims

New York Motor Vehicle Accident laws that dictate how you can pursue a claim for injuries sustained in a car accident can be confusing and frustrating, especially if you are trying to recover for a serious injury. The attorneys at The Licatesi Law Group, LLP with offices in Uniondale and Brooklyn, have a strong record of maximizing financial recovery for our injured clients. We understand and apply the best strategies for working within New York’s no-fault and personal injury protection (PIP) laws and pursuing all available means including utilization of Regulation 68 for obtaining reimbursement for serious injuries relating to an auto accident.

Receiving maximum benefits under New York’s no-fault law

New York is one of about a dozen states that have adopted a no-fault law for automobile accident cases. This means that regardless of who is at fault for an accident, you must first file a claim with your own insurance company within thirty (30) days under your auto insurance Personal Injury Protection (PIP) coverage. Every vehicle owner in the state is required to carry a minimum of $50,000 in no-fault PIP insurance, which pays for your medical treatment as well as reimburses out-of-pocket expenses and reimbursement for lost wages.  However, PIP does not provide compensation for non-economic damages such as pain and suffering or loss of consortium.

You can only pursue a claim against the at-fault driver (the other vehicle’s insurance company), or bring a lawsuit against the driver, seeking to recover non-economic damages such as past and future pain and suffering.  A serious injury under Section 5102 of the New York State’s Insurance Law involves one or more of the following:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Bone fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, function or member
  • Significant limitation of use of a body organ or member
  • Non-permanent disability for 90 days

The personal injury attorneys at The Licatesi Law Group, LLP have recovered Hundreds of millions of dollars on behalf of car accident victims and can help you recover for a wide range of damages for serious injuries under New York State Laws. We can help you obtain an assessment of your injury by recruiting expert witnesses to help document your serious injury claim and recover the maximum amount specific to the facts and circumstances of your car accident.

Using comparative negligence law to your best advantage

New York adheres to pure comparative negligence, meaning that each party is responsible for their share of causing an accident. Even if you were 90 percent at fault, you can recover damages from another driver who was 10 percent negligent. A $100,000 damages award would thus be reduced by 90 percent, to $10,000. The same calculation would be made on damages for any injuries suffered by the other driver.

Our attorneys will thoroughly investigate your auto accident case, assemble and preserve evidence and begin building a strong claim for reimbursement of your expenses and compensation for your injuries.  Our investigators are immediately dispatched to the scene and location of a car accident to interview witnesses, obtain both photographic and video evidence as well as canvas the area for relevant information.  New York requires that you file a personal injury lawsuit within three years of an accident, and in the case of a fatality, family members must file a lawsuit within two years. The sooner we are retained, the better able we are to begin fighting for your car accident recovery.

Contact a dedicated New York injury attorney for a free consultation

To learn how The Licatesi Law Group, LLP can help you with the aftermath of a motor vehicle accident, take advantage of a free consultation and case evaluation with an experienced attorney. Call us at or contact our Uniondale or Brooklyn office online.