Ask Tim Episode #18 -- No-Fault (Part 1)

In the first part of a two episode series on New York's no-fault insurance system, I channel my inner Stephen Colbert and look at who does and does not have coverage for an auto accident.

• The episode is brought to you by IIABNY Web CE
• The Word: No-Fault
• No-Fault covers injuries only, not property damage
• It covers the named insured and relatives in virtually any vehicle other than a motorcycle
• It covers anyone else injured in the insured's vehicle in New York State
• It covers New York residents injured in the insured's vehicle outside New York
• The exclusions narrow the coverage considerably
• Visit the Automobile Insurance page in the Research section of the IIABNY Web site for more information.

 

 

Download Ask Tim Episode #18

 

 

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Comments

[Bill]

You mentioned that if you are injured while riding in a car of a Pennsylvania insured your NY no-fault would not apply. If the accident happens in PA it is required by the state that each passenger's own no-fault coverage is primary. Also recently had a case where a NY insured customer was injured while riding in a PA insured vehicle and the accident happened in New Jersey. The NY no-fault coverage paid this claim.

[Tim Dodge]

Bill, thanks for the comment. It's interesting to hear how the New York law interacts with those of our neighboring states. Anyone else have examples from other states?

[Dawn]

Tim,

I have a question regarding PIP. If you have an insured that is involved in an accident involving alcohol, is the determining factor as to whether a pip claim is paid or denied based on alcohol related or alcohol conviction? Any info you have is greatly appreicated. Thanks

[Tim Dodge]

Dawn,

The actual text of the endorsement states, "This coverage does not apply to personal injury sustained by:...Any person as a result of operating a motor vehicle while in an intoxicated condition or while his ability to operate such vehicle is impaired by the use of a drug (within the meaning of Section 1192 of the New York Vehicle and Traffic Law);..." N.Y. Vehicle and Traffic Law Sect. 1192 defines "driving while intoxicated" as driving with a blood alcohol content of 0.08 or higher. Note that the exclusion refers to operating a vehicle while intoxicated, not to being convicted. Therefore, the insurer can deny coverage even though the person has not been convicted of DWI.