PIP in a DC Pedestrian Accident
Personal injury protection, or “PIP,” is a form of no-fault coverage in accident cases. However, PIP in a DC pedestrian accident can be intricate. Despite its complexity, it’s crucial to at least consider PIP in every pedestrian accident case. The minimum PIP coverage in a DC pedestrian accident case is $2,500. While a PIP policy may afford more coverage than $2,500, you are entitled to it whether you are at fault in the accident. However, not every car insurance policy has personal injury protection. Further, even if there is PIP, you do not always want to make a PIP claim in a DC pedestrian accident. It will depend on the state in which the insurance contract was executed. This is something a DC pedestrian accident attorney can assist with.
Personal injury protection is designed to pay medical expenses and lost wages in advance of settlement. Note that PIP in a DC pedestrian accident does not cover all damages. While you may ultimately be entitled to pain and suffering or general damages, PIP will not pay this in advance of settlement. There are a couple of reasons for this. First, PIP is run by state or District statute, and that is what the law says. Additionally, there is no telling what pain and suffering damages there are until a jury awards an amount or reasonable negotiating minds agree. Below, we will discuss when you want to make a PIP claim and when not to. We will also discuss when a PIP claim is available to you despite being a pedestrian and not in your vehicle.
Understanding PIP Coverage

Understanding PIP in a DC pedestrian accident is a critical component of your recovery. Suppose we find PIP coverage in your case, even if you did not pay for the option on your insurance contract. In that case, it is additional compensation that you are entitled to that is added to the actual value of your case. Moreover, while DC pedestrian accident law firms charge one-third of the gross recovery of a settlement, that legal fee does not apply to personal injury protection. Thus, there is even more incentive to find it in your case. PIP coverage is an excellent choice for your insurance policy because it allows you to afford medical treatment before your case is resolved. Sometimes, cases can take several months or even years to resolve fully. The defense may deny liability, causing us to file a lawsuit.
Then, getting into a Washington, D.C., court can take a year. Plus, the defense may appeal the judgment. Receiving compensation to cover expenses is critical for cases that take that long. The same applies to lost wages. We have many clients who are in too much pain to work and are correctly excused from work by their doctor, yet need to work to pay bills. This puts the client in a difficult position. On the one hand, they may further aggravate their injury. On the other hand, they may have a family to support and bills to pay. PIP in a DC pedestrian accident will cover those lost wages. Then, once your case is resolved, we can again collect compensation for your lost wages from the adverse party. The reason for this is known as the collateral source rule.
This rule states that damages are not reduced because of benefits received from other sources.
Maryland Insured Vehicles in a DC Pedestrian Accident
Just because your pedestrian accident occurs in DC does not mean that you are hit by a DC-insured vehicle. While perhaps a strange way to look at it, you may be better off being struck by a Maryland-insured vehicle than a DC-insured vehicle. The reason for this is simple: Maryland PIP is better than DC PIP. Below, we will explore why DC PIP is unfavorable. We will focus on Maryland PIP and its application in DC pedestrian accidents. Despite the accident in DC, you can sue a Maryland resident for injuries sustained in your accident. Fortunately, the pedestrian accident lawyers at Gelb & Gelb, P.C. are licensed to practice in Maryland and DC. Further, Maryland is typically a favorable venue for suit than DC for various reasons. Additionally, Maryland PIP allows you to make PIP and liability claims, unlike DC in most cases.
Can I make a PIP claim if I am not in a car?
This is a frequently asked question from clients and other lawyers in the District. The answer is that you can. However, there are qualifications. You cannot have waived the right to PIP on your insurance policy. So, if you have a car insurance policy where you are a named insured and do not elect to pay for PIP, you cannot make a PIP claim despite PIP on the vehicle that hit you.
Further, the PIP coverage must come from somewhere. You cannot merely make a PIP claim in a DC pedestrian accident if you do not have your insurance or if the car that hit you also does not have PIP coverage. The only way to make a PIP claim in a DC pedestrian accident when struck by a Maryland-insured vehicle is if the car that hit you has PIP coverage and you have not waived PIP on your vehicle if you have one. If you do not have a car at all or do not have insurance, then you have not waived your right to PIP and are still eligible to make a claim.
DC-Insured Vehicles
In general, the rules regarding the application of PIP in a DC pedestrian accident are the same for DC-insured vehicles. The vehicle may be a car or truck. You cannot have waived PIP on your vehicle if you are to make a PIP claim against a DC-insured vehicle. Here is the difference: you might want to avoid making a PIP claim against a DC vehicle. A DC-insured car is subject to the Washington, DC, PIP statute. This is an unfavorable statute for claimants. Generally, it does not allow you to make a PIP or liability claim. However, there are exceptions. For example, if your damages exceed the liability coverage available, you may make both a PIP and liability claim. But here is the catch: the DC PIP statute has a 60-day statute of limitations.
Thus, there is no time to waste before consulting with a DC pedestrian accident attorney as soon as possible. If you speak with a lawyer 45 days after your accident, there may not be enough time for your attorney to collect your medical records and learn the balances of the various medical providers. However, a prudent and experienced attorney may ask the insurer for an extension to the deadline, which may permit your lawyer to investigate the matter more thoroughly.
Call Our Office
PIP in a DC pedestrian accident is complex. An experienced and knowledgeable DC pedestrian accident attorney may be necessary to navigate the complexities of this case. There are several statutes at play. Delaying may bar your ability to recover personal injury protection coverage or make a liability claim against the tortfeasor.
The attorneys at Gelb & Gelb have been handling such cases since 1954. Call our office today for a free consultation at (202) 331-7227.
