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Free Information about making a Maryland personal injury protection claim after a car accident
Visit our other websites for help with property damage claims, choosing a lawyer and diminished value claims.
Is PIP Available To Me?
The Availability of PIP can be confusing. Below is an outline of situations where PIP may be available or unavailable to you:
If you are injured as a result of a car accident or as a result of being a pedestrian hit by a car AND:
I. You are operating your own vehicle
If you or another named insured has waived PIP on the policy covering that vehicle you may not collect PIP.
If PIP has not been waived you are entitled to collect PIP benefits.
II. You are a passenger in another vehicle.
The same general rules apply as in section II above. You must first look to any policy of insurance you have, and if PIP has been waived you can not collect PIP benefits. If you own a car, and you have PIP coverage, you will make your PIP claim through your own insurance company. If you do not have a car, you must look to a family member whom you live with. If there is no family member who owns a car that you live with, or PIP has been waived by them you may not collect PIP benefits. If you live with a family member who owns a car and has not waived PIP, their policy of insurance will pay your PIP benefits.
Car Accidents not only physically damage your car, but they damage the inherent value of your car. This is called Diminished Value, check it out!
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You are probably covered by the owners PIP policy of insurance even if the owner waived PIP on his or her policy. The rational for this is that a owner can not waive PIP for his or her passengers.
* Whenever you are a passenger the owner's policy is primary, however if you own a vehicle and you have waived PIP coverage on that policy, you may not collect PIP benefits from the vehicle you were a passenger in. Additionally, if you do not own a vehicle but live with a family member who does own a vehicle and they have waived PIP coverage on their policy, you may not collect PIP benefits.
III. You are a passenger in a vehicle with no PIP benefits available to passengers. i.e. a taxi cab or a bus.
Remember that PIP benefits are not dependent on fault, only that you were injured as a result of a car accident and the above conditions are met.
** Note that all of the above situations deal with Maryland PIP and assume that you are a Maryland resident or the vehicle you were riding in is owned by are a Maryland resident, with a Maryland policy of Insurance. There are different rules when you are dealing with a D.C. or Virginia policy of insurance or vehicle, even if the accident occurs in Maryland.
Unless you situation falls clearly within the above rules you should contact a personal injury lawyer for advice. There are many instances where PIP may be available when you may not have thought so.