Obtaining compensation for your expenses and losses after a car accident is your right. New Jersey drivers may wonder whether PIP coverage has an effect on their right to file a personal injury lawsuit against the liable party. Understanding your legal rights and options is crucial in the aftermath of an accident. Consult with a skillful York County, PA auto accident attorney for more information and knowledgeable representation.
What is PIP Insurance?
PIP (Personal Injury Protection) is a type of no-fault insurance required by Pennsylvania law. Because Pennsylvania is a no-fault state in terms of auto accidents, all drivers involved in a collision will be required to first file a claim with their own insurance company.
Insurance providers are responsible for covering the costs of a driver’s medical expenses and financial losses related to the injury, regardless of who was at fault for the accident. All PA drivers must carry at least $5,000 per person per accident in PIP coverage.
What Damages Can Be Collected Through PIP?
Personal Injury Protection insurance, while beneficial and simple to obtain, only covers a few select items. Drivers can only collect compensation for expenses incurred as a result of their injury through PIP.
Eligible damages include the following.
- Medical expenses like ambulance rides, hospital stays, doctor visits, treatment, surgeries, medication, and rehabilitation
- Lost wages due to time taken off work to rest and recover
- Transportation costs to get to and from medical appointments
- Household help required as a result of the injury’s limitations
- Alterations made to the home or vehicle to accommodate the new injury
Does PIP Affect My Right to File a Personal Injury Lawsuit?
No, receiving compensation through PIP insurance does not affect your right to file a personal injury lawsuit against the liable party. As long as the other driver was responsible for the accident and you have not waived your right to pursue legal action, you can file a lawsuit with the help of an experienced attorney.
Although PIP can offer significant benefits for medical-related expenses, you will also likely have incurred other costs that require compensation. Through a personal injury lawsuit, you can seek compensation for the cost to repair your vehicle, other property damage, physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and other economic or noneconomic costs not covered by Personal Injury Protection.
It should be noted, however, that you cannot legally be compensated twice for the same expenses. If, during the course of your personal injury lawsuit, you recover damages for medical expenses that were already covered under PIP, you will be required to refund that money to your insurance provider.
The details regarding your legal rights and responsibilities can be complex. Work with an experienced attorney to ensure you are protected during any legal action following your auto accident.
