Key facts at a glance
| Governing Law | State insurance statutes (e.g., Fla. Stat. § 627.736, N.Y. Ins. Law § 5102) Florida Legislature |
|---|---|
| Filing Deadline | Varies by state (e.g., 30 days in New York) New York State Department of Financial Services |
| Initial Treatment Rule | 14 days after the crash in Florida Florida Legislature |
| Coverage Type | First-party, no-fault auto insurance benefits New York State Department of Financial Services |
Under personal injury protection, your own car insurer pays medical bills, part of lost income, and certain other costs after a crash regardless of fault, up to the policy limit. Exact benefits depend on state law. Benefits may also include replacement services and survivor or funeral benefits.
Personal injury protection insurance is often called no-fault insurance because it pays out even if you caused the accident. It provides immediate financial relief without waiting for a liability determination.
What Does Personal Injury Protection Cover?
State statutes define exactly what does pip cover. Standard pip coverage includes medically necessary treatment, such as hospital, surgical, and ambulance services resulting from a covered accident. It also covers essential replacement services, such as household chores, and statutory accidental death or funeral benefits.
PIP insurance also covers a portion of your lost wages. For example, Florida law covers 60 percent of lost income under Fla. Stat. § 627.736. New York law covers up to 80 percent of lost earnings up to statutory caps under N.Y. Ins. Law § 5102.
What Is Not Covered Under PIP Insurance?
Personal injury protection does not cover vehicle damage to your car or other automobiles. According to the New York Department of Financial Services, vehicle physical damage requires collision or property damage liability insurance.
PIP also excludes non-economic losses, such as pain and suffering. You cannot claim emotional distress under a first-party PIP policy. You must pursue an at-fault driver for these damages if you meet statutory thresholds.
How Does PIP Differ From MedPay and Bodily Injury Liability?
When comparing pip vs medpay, the main difference is that PIP covers lost wages and replacement services. Medical Payments (MedPay) generally only covers direct medical and funeral bills. Both are first-party, no-fault claims.
Bodily injury liability is a third-party coverage that pays others when you are at fault. Health insurance is generally secondary to auto PIP in most motor vehicle injury claims.
| Coverage Feature | Personal Injury Protection (PIP) | Medical Payments (MedPay) | Bodily Injury Liability (BI) |
|---|---|---|---|
| Who Is Covered | Named insured, family, and vehicle occupants | Named insured, family, and passengers | Third parties injured by your negligence |
| Fault Required? | No-fault | No-fault | At-fault |
| Lost Wages Covered? | Yes | No | Yes (as economic damages) |
Which States Require Personal Injury Protection?
Several no fault insurance states mandate PIP by law. New Jersey also mandates PIP coverage.
Michigan requires PIP, but allows drivers to choose medical coverage limits.
Other states require insurers to offer PIP, but drivers can reject it in writing. For instance, Texas law requires insurers to offer a minimum $2,500 limit. Washington law requires insurers to offer PIP with every liability policy. If you live in an optional state, you must decide, "do I need pip insurance?" based on your health coverage.
Who Is Covered Under a PIP Policy?
A standard PIP policy covers the named policyholder and resident family members. It also covers passengers riding in the insured vehicle. Coverage applies regardless of who caused the collision.
How Do You File a PIP Claim After an Accident?
To file a pip claim, you must meet strict statutory deadlines. In New York, you must submit a written notice of claim within 30 calendar days of the accident under 11 NYCRR § 65-1.1. You must submit written proof of medical bills within 45 days and wage loss within 90 days.
Florida enforces a strict 14-day initial treatment rule. Under Fla. Stat. § 627.736, you must receive initial care from an authorized provider within 14 days of the crash to receive PIP medical benefits.
Insurers in both states generally must pay or deny claims within 30 days of receiving proof of loss. Late submissions are excused only with clear and reasonable justification.
Can You Sue an At-Fault Driver If You Have PIP?
Yes, if your injuries meet a statutory tort threshold. Unlike an at fault state where you can sue immediately, a no-fault system restricts lawsuits for pain and suffering unless your injuries are severe.
Under Fla. Stat. § 627.737, you can sue if you suffer permanent injury, significant scarring, or death. You can also sue for significant and permanent loss of an important bodily function.
New York Insurance Law § 5102 requires a "serious injury," such as a fracture or significant disfigurement. For more details on New York thresholds, see our New York personal injury guide.
What to Do If a PIP Claim Is Denied
If your insurer denies your claim, you can file an official complaint with your state's insurance department. You can submit a dispute through the New York DFS consumer portal or file a complaint with the Michigan DIFS.
In New York, you can also file for binding No-Fault Arbitration through the American Arbitration Association.
When to Talk to a Lawyer
You should consult a car accident attorney if your injuries surpass the state tort threshold. This allows a lawsuit against the at-fault driver for damages beyond PIP limits.
Legal help is also necessary if your medical bills exhaust your PIP limits or if the insurer denies your claim in bad faith. If the liable driver lacks sufficient coverage, you may need an uninsured motorist lawyer to pursue a claim against your own policy.
Official offices & where to verify
Check every rule on this page directly with these government and licensing bodies.
- New York State Department of Financial Services (DFS)Regulates auto insurance in New York and handles consumer complaints regarding denied PIP claims.
- Michigan Department of Insurance and Financial Services (DIFS)Processes insurance complaints and oversees state PIP rules and medical coverage tiers.
- New Jersey Department of Banking and Insurance (DOBI)Regulates auto insurance policies and oversees the dispute resolution organization for medical expense disputes.
- American Bar AssociationProvides a nationwide directory to verify state-by-state lawyer licensing and disciplinary records.
People also ask
How does personal injury protection work?
Personal injury protection pays your medical bills and a portion of your lost wages after a car crash, regardless of who caused the accident. You file the claim directly with your own auto insurance company up to your policy limit.
What is the difference between PIP and MedPay?
PIP covers medical bills, lost wages, and essential replacement services like household chores. Medical Payments (MedPay) only covers direct medical and funeral expenses.
Do I need personal injury protection if I have good health insurance?
If you live in a mandatory no-fault state like Florida, New York, or Michigan, you are legally required to carry PIP regardless of your health insurance. In optional states, PIP can still be beneficial because it covers lost wages and deductibles that health insurance does not.
Can I sue the at-fault driver if I use PIP insurance?
Yes, but only if your injuries meet your state's statutory tort threshold. This usually requires proving a permanent injury, significant disfigurement, or a fracture, depending on state law.
How this guide was checked
- Prepared byLawMillion Editorial Team
- Sources used12 official government, court, legislature and state bar sources, each listed below so you can check them yourself
- Last checkedNovember 15, 2026
- Found an error?Email a correction and we will review it.
Sources
- Florida Statutes § 627.736 â Florida Legislature
- Florida Statutes § 627.737 â Florida Legislature
- New York Insurance Law § 5102 â New York State Senate
- Texas Insurance Code Ann. § 1952.151 â Texas Legislature
- Revised Code of Washington (RCW) § 48.22.085 â Washington State Legislature
- Filing Claims Under Your Own Policy â New York State Department of Financial Services
- New York DFS consumer portal
- Michigan DIFS
- New York State Department of Financial Services (DFS)
- Michigan Department of Insurance and Financial Services (DIFS)
- New Jersey Department of Banking and Insurance (DOBI)
- American Bar Association
Legal disclaimer: This page is general legal information, not legal advice. Laws change and vary by state and by the facts of each case. LawMillion is a legal directory and referral service, not a law firm. Confirm current rules with the official sources above or a licensed attorney in your state.