Personal injury protection coverage is also known as PIP and no-fault coverage in the District of Columbia. It is a first-party coverage. This means it is available on an insurer’s vehicle, and it 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 crash lawyer could explain the different types of car insurance and help ensure you have the right coverage. Understanding personal injury protection coverage in DC is essential when driving.
In the District of Columbia, if a person makes a PIP claim under their policy, they may be unable to claim the negligent third party. An injured party must make an election within 60 days of the date of the accident, whether to make a PIP claim or a third-party claim.
There are exceptions to personal injury protection coverage. Some exceptions include if the medical bills are over a certain amount when permanent severe injuries occur. The problem arises early when a claimant must know whether their injuries or medical expenses rise to the threshold. This allows that party to make both the PIP and third-party claim.
In such circumstances, your lawyer should request the PIP carrier to provide an extension for the insured to make the election.
Suppose an insured has PIP coverage 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 PIP coverage under the policy on the car at home. However, if the vehicle you are in has PIP 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 PIP coverage, the coverage under your car at home remains primary. Meanwhile, if your friend’s car has PIP coverage, but you had waived PIP on your policy, you cannot make a PIP claim under your friend’s policy.
The most important thing for D.C. residents to remember regarding PIP is if their accident happened in another state. For example, in Maryland, residents can make a PIP claim and third-party liability claim without precluding the liability claim. You must file the PIP application within 60 days. A person involved in an accident in the District of Columbia must speak to a qualified accident lawyer.
The most common misconception about PIP is that everyone has it. But not everyone can use it or can get it right away. They are the benefits of that coverage. If a DC resident is in an accident and has PIP coverage, you would not want to use it unless they 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.
In most circumstances, you will not use PIP even if PIPilable on a claimant’s DC-insured vehicle coverage is available. 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 use the PIP claim does not affect the claim’s value against the other party. It is not a part of the valuation in settlement discussions. So, it does not affect the claim itself or the viability of the third-party liability claim. However, it does mean any medical expenses must be paid for out of the recovery or by a health insurer, which then subrogates from the recovery.
To trigger your PIP coverage, 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 PIP 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.
In Maryland, there are four primary reasons for which an insurer may exclude PIP 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 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 is a complicated issue. This is especially true in the District of Columbia due to the short application window. Somebody injured in an accident in the District of Columbia must speak to a lawyer to decide whether or not making a PIP claim makes sense for them.
Since PIP can be complex to understand, it is best to speak with a lawyer who handles the claims in Washington. Call today to understand personal injury protection coverage in DC.