Should I Use My Own Insurance After a Car Accident?
Short answer: yes—most of the time, you must start with your own insurance in New York.
Because New York is a no-fault state, your own auto insurance typically pays first for medical bills and certain financial losses after a car accident, regardless of who caused the crash.
Below is a straightforward explanation of how that works, when exceptions apply, and what your options are if your injuries are serious. For more information—or if you'd like personalized legal advice—contact me at the Law Office of Steven R. Smith to set up a free consultation.
Why You Usually Use Your Own Insurance in New York
New York’s no-fault insurance system is designed to get injured people medical care and wage replacement quickly, without waiting for fault to be decided.
If you are injured in a car accident, you generally file a first-party claim through one of the following:
Your own auto insurance, or
The insurance covering the vehicle you were riding in (if you were a passenger), or
The insurance covering the vehicle that struck you (if you were a pedestrian or cyclist)
This claim is made under Personal Injury Protection (PIP) coverage.
Auto Liability Insurance
Requirements in New York
In the state of New York, motorists are required to carry liability insurance with the following minimum coverage:
$25,000 for bodily injury for a single person involved in an accident
$50,000 for bodily injury for two or more people involved in an accident
$10,000 for property damage for a single accident
Personal Injury Protection (PIP) – $50,000 per person
Uninsured/Underinsured Motorist Coverage – $25,000 for bodily injury per person and $50,000 for bodily injury per accident
If you or a loved one were involved in a car accident, you need to reach out to an experienced personal injury attorney immediately. Your lawyer can investigate all the details of your unique situation and determine the best way to proceed with your injury claims.
When You Can Go Beyond Your Own Insurance
Using your own insurance does not always mean your case ends there.
If your injuries meet New York’s “serious injury” threshold, you may be able to file a claim or lawsuit against the at-fault driver for additional compensation, including pain and suffering.
Serious injuries after an accident may include:
Bone fractures
Significant disfigurement
Permanent or significant limitation of a body function or organ
Disability lasting at least 90 days
Property damage claims—such as vehicle repairs—are also typically handled separately through liability insurance.
How the Law Office of Steven R. Smith Can Help
Being involved in a car accident can be devastating and can affect your financial, physical, and mental health. Thankfully, New York's personal injury laws allow accident victims to seek fair compensation for their injuries by filing insurance claims.
At the Law Office of Steven R. Smith, I have devoted my career to handling personal injury cases and advocating for the best interests of accident victims and their families. As your legal counsel, I can evaluate and investigate all of the surrounding facts of your unique situation thoroughly and help you understand your possible legal options to recover damages.
Additionally, I can fight vigorously to protect your legal rights, help you seek the financial justice you deserve or take additional legal action if required. Having me on your side can make a significant difference in your car accident claims.
Contact my firm today to schedule a simple case assessment with a knowledgeable car accident lawyer. I can offer you the experienced legal counsel, support, and compassionate representation you need in your personal injury claims. My firm proudly serves clients all across New York and Long Island, including the communities of Mineola, Westbury, Hempstead, and New Hyde Park.