PLNew Yorkmedium
A NY driver is injured as a passenger in a vehicle insured by Carrier A. The driver also has her own NY auto policy with Carrier B. Both policies carry the standard $50,000 PIP limit. What is the maximum Basic Economic Loss available to her for this single accident?
A$100,000 ($50,000 from each policy)
B$75,000 ($50,000 primary plus 50% of secondary)
C$25,000 (only secondary applies because she was a passenger)
$50,000 (no-fault benefits may not be stacked)
Why this is the answer
NY Ins. Law § 65-3.12(e) expressly prohibits stacking of Basic Economic Loss benefits across multiple no-fault policies. Even when several policies could potentially cover a claimant for a single accident, the aggregate Basic Economic Loss recovery cannot exceed $50,000 per person. Reg 68 priority rules (11 NYCRR § 65-3.12) determine which carrier pays first — typically the vehicle's policy for passengers — but the total ceiling is unchanged.
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