0 Replies Latest reply: May 28, 2019 7:29 AM by kimk.nfarb@gmail.com

APIP - Additional Personal Injury protection

kimk.nfarb@gmail.com
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I have a case with a NY policy with $150,000 in APIP, the accident was in NJ, the injured party was a passenger in the insured vehicle and the injured party is NJ resident. Under regular PIP, I do not believe the injured party is eligible for no-fault benefits as the injured party does not fit into the definition of an Eligible Injured Person under the Mandatory Personal Injury Protection Endorsement (which covers only NY residents for accidents outside NY).  The definition of an Eligible Injured Person under the Additional Personal Injury Protection (APIP) Endorsement appears to be broader covering "any other person who sustains personal injury arising out of the use or operation of the insured motor vehicle while occupying the insured motor vehicle" so that the injured party appears to be eligible for APIP benefits (as it doesn't appear any exclusions apply).  Am I correct in reading it this way? I just want to make sure as the claim in my case is over $100,000 and the parties at the hearing only argued with respect to mandatory PIP (apparently assuming that the eligibility requirements were the same). Any thoughts would be appreciated.