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Personal Injury Protection Explained

by | Dec 21, 2015 | Firm News

In order to operate a motor vehicle in any state, the law requires you to have a form of insurance that will cover any damage that you inflict on another person or automobile. But this sort of insurance doesn’t cover any injuries that you have inflicted on yourself, such as medical expenses or lost wages. Personal Injury Protection (PIP) is a form of insurance that covers precisely these dangers. PIP operates on a “no-fault” basis, meaning that the agreement doesn’t hinge on whether the fault lies with one party or another. In either case, the coverage will be disbursed, meaning that even if it is decided that the accident is your fault, you will still get the insurance coverage you need.

This is of the utmost importance, as there are a lot of legal ramifications entangled within these policies. You need to make sure that you have the coverage in case of an accident, whether you’re at fault or not.

Several states have require that auto drivers have PIP coverage, including:

  • Arkansas
  • Delaware
  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Maryland (unless a waiver is signed at initial purchase of the policy)
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Oregon
  • Pennsylvania
  • Utah

In the case of an accident, drivers with PIP can file claims even if they carry legal liability for the accident. In many states, insurance carriers are legally required to pay the claimant’s medical expenses, and can then reclaim what it paid from the insurance carrier of whichever party was deemed liable. In general, this is the best position for a claimant to be in, since they can get the medical care they need while the insurance companies fight out who is responsible.

In some cases, PIP can also cover injuries incurred by others in the car, or by pedestrians outside of the car who were involved in the accident. This typically depends on the insurance limit of the policy. In general, however, a pedestrian struck by a car is covered under that car-owner’s liability policy.

You need to ensure that you’re protected in the case of an accident. There are many insurance companies to choose from, we highly advise you to find a company that works for you. If you’re already insured, take a look at your policy to see just how comprehensive your coverage is.

For additional peace of mind, be sure to get in touch with the right legal professionals that can bring as quickly of a resolution as possible.