New York State law requires that motorists carry a minimum amount of liability insurance which is referred to as 25/50/10. This stands for $25,000 for bodily injury (BI) to one person, $50,000 for bodily injury to all persons injured in one accident, and $10,000 for property damage (PD) in any one accident. Mandatory "no-fault" PIP (personal injury protection) coverage of $50,000 is also required.

Many motorists carry higher liability limits and additional personal injury protection beyond these minimum benefits required by law. The law also requires all auto insurance policies to provide uninsured motorists coverage (for bodily injury), subject to the same minimums.

New York is a no-fault state meaning that even if you were at fault in an accident that injured the other party then you each would use your own personal injury protection coverage with your own insurer at first for medical expenses.

No-Fault, also called Personal Injury Protection (PIP), is explained by the NY Department of Insurance as an insurance coverage designed to pay promptly regardless of who might have been at fault or whether there was any negligence, for economic losses (meaning medical/health expenses, lost earnings, and certain other reasonable and necessary expenses related to injuries sustained), up to $50,000 per person ("basic No-Fault coverage"), to the driver and all passengers injured in your car as well as any pedestrians injured by your car, because of its use or operation in New York State.

Thus you would use your own PIP coverages if you were hurt and the other party would use their own PIP coverages for their injuries. If the other party is seriously injured he or she may then go against your bodily injury liability coverage. Liability coverage protects you (and anyone driving your car with your permission normally), if a claim is made against you by another person (third-party), alleging that you were negligent or otherwise at fault. Thus this coverage will make payments on your behalf to that injured third-party, in the event your car is involved in an accident that results in serious injury or death to others (BI) or damage to their property (PD).

If you are injured in an auto accident, or your car is damaged, due to someone else’s negligence, you may be able to make a claim against that other person’s auto insurance policy for bodily injury and property damage liability just as another person could place these claims against you if you were negligent and caused an accident. When placing these types of claims it must be established who was at fault.

Drivers or passengers have a right to sue another party involved in the auto accident for pain and suffering, only if the party sustained a “serious injury” as defined in the NYS Insurance Law. One can also go to court against a third party for property damage and, when bodily injury has been sustained, for other economic loss not covered by, or exceeding the limits of, their No-Fault coverage.

So yes, if you caused serious injuries to another party and/or they have exceeded their no-fault coverage in an accident, you do have protection in the form of your liability coverages. The party that you injured could make a claim against your bodily injury liability coverages.

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