PIP coverage in a DC car accident, or PIP, or no-fault coverage in DC, is a type of first-party coverage. §31-2404 of the DC Code governs PIP in the District and is applied here to the typical DC auto accident case. Personal injury protection is available on any District of Columbia insurer’s vehicle, which pays or may pay medical expenses and lost wages ahead of any claim against another party.
If you need clarification about the various types of automobile coverage and how it relates to an accident, you should speak to a diligent attorney. A car accident lawyer can explain the different types of car insurance and help ensure you have the right coverage. Understanding personal injury protection coverage in DC is essential to maximize your compensation after a wreck.
In the District of Columbia, if a person uses PIP coverage in a DC car accident, they may not be able to then make a claim against the negligent third party. An injured party must make an election within 60 days of the date of the accident, whether to make a claim under their policy or a third-party claim. If you fail to file a PIP application within the 60-day window, you may lose your right to make a PIP claim. Meanwhile, if you make a PIP claim during that period, you may lose your right to a bodily injury claim. On the other hand, there are select instances where you can do both. This time pressure is one reason why it is critical to speak with a DC accident lawyer immediately. Our attorneys can tell you which option is best depending on the facts of your case.
Under the code, there are exceptions to the PIP rules in DC. Some exceptions include medical bills over a certain amount when permanent, severe injuries occur. The problem arises early when a claimant must already know whether their injuries or medical expenses exceed the threshold. If we can make this distinction, you can make both the PIP and third-party claim. This is part of why speaking to a car accident attorney immediately following an accident is critical.
Suppose an insured has PIP coverage for a DC car accident under a policy on his personal car. He is injured in an accident while occupying a motor vehicle owned by his friend or some third party. In that case, he is ordinarily entitled to coverage under the policy on the car at home. However, if the vehicle you are in has coverage, that coverage will be primary, and the coverage of your car at home will be secondary. Of course, if your friend’s vehicle has no coverage, the coverage under your car at home remains primary. Meanwhile, if your friend’s car has PIP insurance but you waived it on your policy, you cannot make a PIP claim under your friend’s policy.
The most important thing for Washington, DC, residents to remember regarding personal injury protection pertains to whether their accident happens in another state. For example, in Maryland, residents can make a claim and third-party liability claim without precluding the liability claim. You must file the application within 60 days. A person involved in an accident in the District of Columbia should speak to a qualified accident lawyer to determine if you should use PIP coverage in a DC car accident.
The most common misconception about PIP coverage in a DC car accident is that everyone has it. That is not the case. And even if you have it on your policy or have not waived your right to it, you may still be unable to use PIP. If you are a DC resident in an accident and have PIP, you would not want to use your no-fault coverage unless you are at fault. Or, if your bills and injuries rise above the threshold, you can make both the liability claim and the personal injury protection claim.
Another common misconception is that you do not have PIP coverage in a DC car accident because you do not have a car. The question is not necessarily whether you have PIP. Instead, the question is two-fold: whether you have waived PIP and whether there is PIP on the vehicle you are riding in. So, if you are a passenger in a vehicle with PIP, and you have not waived PIP because you do not have your own auto insurance, then you may be eligible to make a PIP claim.
In most circumstances, you will not use PIP coverage in a DC car accident even if it is available on your DC-insured vehicle. This is because the threshold would not have been met. By making the PIP claim, they could not make a claim against the liable party.
Not being able to make a PIP claim does not affect your case’s value. It is not part of the valuation in settlement discussions. However, it does mean that any medical expenses must be paid out of the recovery or by a health insurer, which then subrogates from the recovery.
To trigger your PIP insurance, you merely need to incur an expense. You, your health insurer, or any source of benefits may pay this expense to other collateral. If you trigger your no-fault coverage, you can use it until it reaches its limit. Your coverage limit depends on your chosen policy, but it is typically $2,500 in Maryland. This applies even if the auto accident happens in Washington, DC.
Here, we cover Maryland PIP because you may have a Maryland auto policy despite the accident occurring in Washington, DC. Thus, the Maryland law is relevant.
In Maryland, there are four primary reasons for which an insurer may exclude no-fault benefits to an accident victim. First, even though it is “no-fault” coverage, the insurer can deny benefits if you intentionally cause the motor vehicle accident resulting in the injury. Second, suppose you are a nonresident of the state and injured as a pedestrian in a motor vehicle accident that occurs outside the state. In that case, you may not receive the benefits under your policy. This may also depend on the coverage of the vehicle that hit you. However, that claim depends on whether you waived the coverage on your car. Suffice it to say, PIP coverage in a DC car accident can get confusing. If you have questions, do not hesitate to contact a seasoned personal injury lawyer.
The third exclusion is if you are hurt in an accident while operating or voluntarily riding in a vehicle you know is stolen. The rationale is that an insurer does not consent to you participating in criminal activity. Otherwise, it would have needed to contract to provide you the coverage. Fourth, similarly, if you are in a motor vehicle accident while committing a felony, fleeing, or eluding police.
PIP coverage in a DC car accident is a complex issue. This is especially true in DC due to the short application window. Someone injured in an accident in the District of Columbia must speak to a lawyer to decide whether to make a claim.
Since no-fault coverage can be complex, it is best to speak with a lawyer who handles claims in DC. Call today to learn about personal injury protection coverage in DC.
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