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A NY State Insurance Law That Paves A Road For Catastrophe – It’s Time To Change It

By New York State Law, drivers are only required to have a minimum of $25,000 for Bodily Injury Liability coverage on their car insurance plan. If you are injured in a car accident at the fault of another, this minimum coverage pales in comparison to what you may very well need.

New York is a “No-Fault” Insurance State, meaning that your medical bills and lost wages would be covered up to $50,000. But your injuries could be serious, leaving you unable to work for several months, years, or even life. And if your personal injury breaches the “Serious Injury” threshold by New York State law, you become entitled to receive compensation from the insurance company of the at-fault driver.

  • Serious disfigurement
  • Bone fracture(s)
  • Dismemberment
  • Permanent loss of a limb, body organ, member, function or system
  • Permanent limitation of a limb, body organ or member
  • Significant limitation of use of a body function or system
  • Serious disability for 90 days or over (determined within 180 days of incident)
  • Loss of fetus
  • Death

 Learn more about New York State’s “Serious Injury Threshold”

If that driver’s Bodily Injury Liability coverage is at its minimum of $25,000, this doesn’t even scratch the surface of what you may need. Their Bodily Injury Liability will cover any of the money you would lose as a direct result of the injury – ongoing medical bills, rehabilitative services, lost income, pain and suffering, etc.; that is, until that coverage is exhausted.

Once their $25,000 BIL coverage is exhausted, you’ll be at a complete loss to recuperate for the damages you’ve suffered. How are you to make up for all of your lost income, your ongoing medical bills, and the pain and suffering you’re enduring? If the at-fault driver is wealthy, and still chose the minimum coverage of $25,000, you could pursue additional damages from them personally. But what if the at-fault party has no assets? You’d be left with only that $25,000.

New York State needs to change its law with respect to the minimum amount of Bodily Injury Liability coverage required. By making insurance carriers change the minimum amount of Bodily Injury Liability coverage from $25,000 to $100,000, injured parties would be more protected. Not only that – even the at-fault driver would be better off, with more protection over their assets. And although it may seem like a hefty add-on, it wouldn’t actually be that bad.

If you were to change your Bodily Injury Liability coverage from the current minimum to $100,000, the annual add-on would only be an approximate $50-$75 (this may vary depending on driver history). In the grand scheme of it all, it’s worth it.