PLNew Yorkmedium
A New York taxi driver is injured in a motor-vehicle accident during a fare. Which coverage pays FIRST for the driver's medical expenses and lost wages?
AThe taxi's PIP no-fault coverage (primary)
Workers' compensation (primary), with no-fault excess only after WC offset
CThe at-fault driver's BI liability coverage (primary)
DThe driver's personal auto PIP (primary)
Why this is the answer
Under NY Ins. Law § 5102(a)(2) and 11 NYCRR § 65-3.16, workers' compensation has statutory priority over no-fault for work-related motor-vehicle injuries. The no-fault carrier reduces (or offsets) its PIP payment by any amount recovered or recoverable under WC. A taxi driver injured during a fare is acting in the scope of employment; WC pays primary for medical and lost wages, and no-fault is excess only to the extent benefits exceed the WC payment, subject to the $50,000 aggregate PIP cap.
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