PIP in a DC bike accident is more complex than it may sound. However, if applicable to your case, it can significantly increase the amount you recover for your injuries. Our DC bike accident lawyers will explain how to apply PIP and whether it applies to your case. Here, we will explain PIP, its applicability, benefits, and how to file a PIP claim in a DC bike accident. PIP stands for personal injury protection, and it is a clause in an insurance contract. It is a form of no-fault protection that pays your medical expenses or lost wages in advance of settlement. This means you are entitled to PIP benefits whether you caused the accident. However, only some people are entitled to make a PIP claim. Moreover, in some instances, it is actually against your interest to make a PIP claim.
This will depend on the jurisdiction where the vehicle that hit your bicycle is insured. Note that the fact that the car that hit you has a DC plate does not mean it is a DC-insured vehicle. Furthermore, the fact that the bike accident occurred in DC does not mean it is subject to DC insurance law alone. While this section of personal injury law can be complex, it is worth understanding to benefit the value of your case. Contact our office if you need help understanding any aspect of your PIP claim or wonder how it interacts with your bodily injury claim. In select instances, making a PIP claim will bar your right to a physical injury claim, which can hurt your recovery. In other cases, it can significantly aid your recovery.
The unique thing about DC bike accidents is that there is only sometimes insurance. For example, if you strike a negligent pedestrian who stepped before you at the last second, that pedestrian is unlikely to have insurance coverage. The same goes for if you are involved in a collision with another bicyclist, skateboarder, or anyone else other than a motor vehicle. If you get into an accident with a motor vehicle, remember that cars must have insurance. While some car owners ignore this law, most cars still carry insurance. For the ones that do, your attorney should immediately investigate whether there is PIP in your DC bike accident. PIP can only be on the car’s insurance policy as you are unlikely to have insurance covering your bike.
However, the mere fact that there is PIP on the other vehicle is not enough. You must also have not waived PIP on any insurance policy you are a named insured. If you have waived PIP on your policy on your vehicle at home, you cannot reap the benefits of the PIP on the car that hit you. Suppose that there is PIP on the car that hit you: does that mean you want to use it? The answer is it depends. You almost always want to make a PIP claim if it is a Maryland-insured vehicle. This is because the Maryland PIP statute is far more advantageous for claimants than the DC statute. You can make a PIP claim on a Maryland-insured car even if your bike accident occurs in DC.
The minimum PIP amount on a Maryland policy is $2,500. That money goes directly towards your medical providers, paying off a part of your bill. It can also go to you for your lost wages.
DC PIP is not as good as Maryland PIP. Even if the car that hit your bike has a Maryland license plate, it may still have DC PIP if the driver executed their insurance contract while living in DC. So, if it is a DC policy, you want to avoid making a PIP claim in most circumstances. If you make a PIP claim on a DC PIP policy, you will be barred from making a bodily injury claim. However, there are exceptions to this rule in the statute. If the medical expenses for your injuries exceed your policy, you are entitled to make both a PIP and bodily injury claim. But here is the catch: a 60-day statute of limitations for PIP in a DC bike accident on a DC insurance policy. This puts you at a massive disadvantage.
What if you decide not to speak to a DC bike accident attorney within those first 60 days because you are dealing with other things? It may then be too late to make a PIP claim. Likewise, we may need to determine whether your medical expenses exceed your coverage. The client often does not know how much coverage their policy includes. Moreover, they may not know how much their medical expenses were at the hospital. This makes DC PIP very tricky even if you are eligible to make both claims. There are other limited instances in which you can make both claims, but they do not apply if the bike accident occurred in Washington, DC.
The benefits of PIP coverage for cyclists are widespread when it works. When you can make a PIP claim and a liability claim, it means more money in your pocket. Moreover, while personal injury lawyers take one-third of the gross recovery for your injuries, Gelb & Gelb will not take one-third of your PIP compensation. While we have to investigate whether PIP applies in your case, this is an excellent way for you to pay your bills and has less to do with your injuries.
The benefits of PIP coverage for cyclists start with your medical expenses. Our attorneys will communicate with the PIP adjuster assigned to your case and have them write the PIP check directly to your medical provider in most cases. We will ensure they know that it is to cover your expenses. Accordingly, you owe less money on the back end. The good news is this does not affect how much money the defendant owes you. This is thanks to the collateral source rule. This rule states that damages are not reduced or mitigated because of benefits received by the plaintiff from other sources. Other sources might include health insurance, sick pay from your employer, or, in this case, PIP coverage.
Filing a PIP claim in a DC bike accident is complex. If you try to navigate this process without legal representation, you may ruin the value of your case. Further, when you retain legal help, it may be too late. It is imperative to be aware of the statutes of limitations regarding PIP in a DC bike accident. If you are struck by a Maryland-insured vehicle, the statute is one year from the date of an accident. However, if it is a DC-insured vehicle, the statute is 60 days. However, determining the state where the policy was entered can take time. Accordingly, the sooner you speak to an experienced attorney, the better.
The DC bike accident attorneys at Gelb & Gelb can help you with PIP in a DC bike accident. Many tricky nuances even trip up some attorneys. Fortunately, the attorneys at Gelb & Gelb are the authority in the region for DC PIP law. If you have any questions, call today for a free consultation.
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