PLNew Yorkeasy
Under New York no-fault PIP, lost earnings are reimbursed up to which of the following monthly amounts?
A$3,000 per month or 100% of gross earnings, whichever is less
B$2,000 per month or 80% of gross earnings, whichever is greater
C$1,500 per month with no percentage cap
$2,000 per month or 80% of gross earnings, whichever is less
Why this is the answer
NY Ins. Law § 5102(a)(2) caps lost-earnings reimbursement at $2,000 per month or 80% of the insured's gross monthly earnings, whichever is less, for up to three years from the date of accident. The 'whichever is less' wording is critical — high earners cannot exceed $2,000/month, and low earners receive only 80% of actual wage loss. Lost earnings count against the overall $50,000 PIP cap. APIP coverage can lift the $2,000 monthly ceiling.
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