Personal Injury Protection

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What Injuries Qualify You for A PIP Claim?

Personal Injury Protection is a “no-fault insurancepolicy and is one of the elements of automobile insurance plans in many states. The plan reimburses the healthcare expenses that are incurred after an auto accident. 

One of the benefits of PIP is that it covers medical costs, not only for injured policyholders, but also for passengers even if they don’t have health insurance. 

Expenses for medical treatment will be provided, regardless of who was responsible for the accident. The overall payment will be determined based on where you reside and where the accident occurred. The insurance company will apply the policy add-on and any other available insurance coverage.

An injured person can file a claim under this coverage, even if he was not in the car. A victim walking or riding a bike who was struck by a car can file a claim on the driver’s policy. Similarly, a person riding in someone else’s car can file a claim. Such claims have to be filed within certain time limits after the accident.

What is Personal Injury Protection?

Personal Injury ProtectionPeople who want to file claims under a personal injury protection plan often feel confused about what is covered. You can speak to a legal professional and discuss all the details. He will assist you and give you all the relevant information.

The PIP coverage will even pay the policyholder when they are responsible for the accident. PIP is compulsory in several states, so in some places it is mandatory to get this add-on coverage. 

The total amount provided in the PIP coverage will be determined based on the limits that you chose beforehand. You can consider applying for a personal injury protection claim even when you were walking or riding in someone else’s car.

What does Personal Injury Protection Cover?

Before you add this coverage, you must be familiar with what PIP provides. The PIP coverage is advantageous irrespective of responsibility for any accident. If you were at fault for a collision, some of the costs that can be reimbursed include:

  • Medical expenses – You will be able to recover costs related to your medical and hospital bills. It will include medical care, surgical treatment, ambulance, and nursing bills. It will include all costs associated with treatment.
  • Lost Income – If the accident hampered your capability to perform any work then you might get money for your lost income. This is the case when the claimant is injured severely and the condition is worse. 
  • Funeral expenses – In situations where an accident resulted in the death of an individual, the family members may be able to recover costs for funeral expenses. 

If your condition is critical and you need help with auto insurance personal injury protection, then PIP may assist you with your needs. 

How Does a PIP Claim Work?

According to the National Association of Insurance Commissioners (NAIC), the average expenditure spent on auto insurance by people in the US was $1056.55 in 2018This is increasing every year, compared to the average for 2009, which is $786.65

Personal injury protection has been gaining popularity as an enhancement to auto insurance. Therefore, it is vital to understand the working of PIP claims. The car insurer will be held liable for paying all medical expenses related to a car accident. You will also receive reimbursement for lost wages according to the limits mentioned in the PIP coverage of your policy. 

In some states, there are two parts to medical expense coverage. If the person who has sustained injuries has health insurance, then the payment will be done for the medical treatment and the lost income, pain and suffering and any other additional expenses will be settled by the health insurer.

If the costs incurred are more than the limit of the PIP insurance coverage then there is the option of filing a third-party car insurance claim. This can be filed with the insurance company of the driver who was at fault. You can also file a personal injury lawsuit against the driver who was at fault.

People living in a no-fault state have different rules. They cannot file a claim against the driver who was at fault until their medical expenses exceed a certain limit and they have sustained severe injuries. 

Suppose, in a no-fault state the rules might specify that if the medical bills will exceed $3000 and there are serious injuries such as fracture, head injury after the accident. In traditional tort liability states, there are no limitations on filing of lawsuits. A driver who is responsible for causing the car accident can be sued by another driver who suffered injuries due to his negligence. 

The party who is at fault can be sued by the passengers in the car for their pain and suffering caused by the crash. The at fault driver is also liable to pay for additional expenses including medical expenses, lost income, and other out-of-pocket expenses.

After meeting these conditions, you can file a personal injury protection claim against the driver who was at fault and get compensation for your additional damages. However, this may vary from state to state.

What Are the Statutes of Limitations for Filing A PIP Claim in Florida?

The Florida PIP law was passed in the year 2012. The law states that drivers must have $10,000 in PIP coverage along with auto liability insurance. Personal Injury Protection will cover both the policy holder, any passengers who were in the vehicle when accident occured and any members of the household who were injured.

People who want to receive PIP benefits must seek medical attention within 14 days after they have suffered a car collision. After the first visit of the individual seeking PIP coverage happens, costs will be paid for ongoing medical treatment. The coverage limit of PIP for medical expenses is up to $10,000. This would cover an emergency occurring immediately after the accident.

The condition of the injured person will be diagnosed by a medical expert. In non-emergency cases, the coverage limit is reimbursement of up to $2,500 in most cases. If the injured victim with PIP insurance is unable to perform any work, then PIP will provide disability benefits including up to 60% of lost wages, lost potential of earning, and other house care required due to the disability.

If a fatal accident has occurred then PIP will cover death benefits of up to $5,000 for every person who died.

Is PIP Taxable or Non-Taxable?

As a general rule, insurance payments made in settlement for injuries or for pain and suffering are non-taxable. These payments are made to compensate an individual for losses already suffered, and so do not fit the definition of income.

There are exceptions, however. If you have itemized the medical expenses on a previous tax form, then a subsequent payment may count as taxable in whole or in part. Also, if the payment is described as payment for lost income, then it may be taxable as well. You may wish to consult an experienced lawyer for further details.

Generally, compensation is given for medical expenses, mental anguish, and emotional stress. It can also include loss of enjoyment of life, loss of companionship, loss of consortium, and child care or other assistance services if those were necessary during your recovery.

You should consult an experienced auto accident lawyer who will fight for your rights and evaluate the facts and evidence surrounding your claim, and to advise you on the best course of action.


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