Bodily Injury Liability Coverage in New York — What It Pays

What bodily injury liability actually pays for

Bodily injury liability is the part of an auto policy that pays other people when the policyholder injures them. It does not pay the policyholder's own medical bills — that is no-fault, also called PIP. Confusing the two is the most common reason injured New Yorkers underestimate what they are owed, or fail to claim from the right place.

New York minimum limits, and why they are rarely enough

• $25,000 per person / $50,000 per accident for bodily injury — the statutory minimum for private vehicles.
• $50,000 in no-fault (PIP) for your own medical bills and lost earnings, regardless of fault.
• $50,000 / $100,000 where an accident results in death.
• Higher minimums apply to TLC-licensed for-hire vehicles, buses and commercial trucks.
• A single serious injury — a fusion surgery, a brain injury — exhausts a $25,000 limit immediately.

Where the money comes from when limits are too low

Your own underinsured motorist (SUM) coverage

If your policy limit exceeds the at-fault driver's, SUM coverage covers the gap. You must usually notify your insurer before settling with the other carrier, or you can forfeit it — this trap costs New Yorkers real money every year.

Additional defendants and policies

An employer if the driver was working, a vehicle owner separate from the driver, a commercial or umbrella policy, a negligent municipality for road design, or a manufacturer for a defective part.

Uninsured and hit and run drivers

Uninsured motorist coverage or MVAIC applies. See our hit and run page for the 90-day MVAIC notice deadline.

The serious injury threshold

In New York you generally cannot recover pain and suffering from the at-fault driver's bodily injury coverage unless your injury meets the statutory serious injury threshold — a fracture, significant or permanent limitation of use, or disability for 90 of the first 180 days. Medical documentation in the first months is what establishes it.

Practical steps after a crash

1. File the no-fault application within 30 days so treatment is paid immediately.
2. Obtain the police report and confirm the at-fault policy and its limits.
3. Notify your own insurer of a potential SUM claim before settling anything.
4. Do not give a recorded statement to the other carrier first.
5. Have someone check for additional coverage layers before accepting a limits offer.

Frequently asked questions

Does bodily injury liability cover my car?

No — vehicle damage is property damage coverage, a separate part of the policy.

Can I claim on both no-fault and the other driver's liability coverage?

Yes. No-fault pays medical and wage loss; the liability claim covers pain and suffering and losses beyond no-fault limits.

What if I was partly at fault?

New York uses pure comparative fault, so your recovery is reduced by your percentage rather than barred. See how cases are valued.

Speak to us directly

Call +1 650 278 4421, message us on WhatsApp, or book a call. Free consultation, contingency fee only — no recovery, no fee.