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Can I claim PIP from my insurance company while negotiating with the other party's insurance company to pay for my medical exp?
Anonymous2 views4 answers
I was recently involved in a car accident (I was hit from behind). I am working with the other party's insurance company to cover my medical treatment expenses. Can I still claim PIP from my insurance company? If yes, would it affect my insurance premium? And, do I have to tell them that I am dealing with the other party's insurance to pay for it?
Yes, you can. PIP coverage is what is referred to as "non-subrogable" . This means that you get the funds to pay for medical expenses you have incurred to 100% and typically up to 80% of lost wages. Consider how you want to claim for PIP though because if you claim it for lost wages it may be considered income and therefore taxable while if you claim it for medical expenses then it is not. When you recover from the other insurance company for the medical expenses you do not have to take into account what you have received from your own insurance company by way of PIP and you do not have to pay back your insurance carrier if you recover funds from a 3rd party insurance. You should be honest with your insurance company about making any other claims but they probably won't even ask you about that. If they do, be honest. They will typically send you a form to fill out to get your PIP paid to you. It's pretty simple really. I often recover PIP for my clients and I do not charge them for that help and it is not a part of my contingent fee since it usually just involves filing out the forms. It should not impact your insurance premium any more than the fact that you may have a "chargeable" accident. That is up to the insurance company but they typically have their own standards that relate to the type of accident you were involved in and whose fault it was. Bear in mind that you may also have other coverages that may come into play such as UM/UIM or Underinsured/Uninusred coverage that may pick up if the other insurance is not sufficient to take care of all of your damages. I would advise that you talk to an attorney in your area to be sure you are covering all of the bases. You may contact my office to talk by telephone at no charge.
You can recover PIP from your insurance company regardless of how much you get from the other driver's insurance company. The insurance company is not supposed to raise your rates for making a PIP claim, and they cannot be reimbursed for paying you PIP benefits. For others who may be reading this, this feature of PIP is an important difference from Med Pay. Insurance companies will often try to sell you Med Pay and tell you it's the same as PIP but cheaper. It is only a little cheaper, and if your insurance pays your Med Pay benefits, it can get reimbursed out of your recovery from the other driver's insurance company.
Finally, you do not have to tell the other party's insurance that you are recovering under your PIP. However, if they ask you directly, do NOT lie to them. You can tell them you won't answer the question because it is none of their business, but lying will always come back to bite you somehow.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
I do not see why you couldn't collect the PIP. However, why are you attempting to deal with this accident injury scenario on your own? If you needed surgery, would you attempt to do it yourself at home on your kitchen table or would you contact a doctor to perform the needed tasks?
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing.
Legal Disclaimer:
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You need to consult a medical malpractice attorney right away. NEVER try to handle a case without an attorney...insurance companies will only take advantage of you. Check out this video that details the danger in trying to handle a case on your own:
http://www.youtube.com/watch?v=DS0b7DZjBDY
Daniel Buttafuoco
www.1800NowHurt.com
