If you have filed a PIP (Personal Injury Protection) claim, it is important to understand that it may be denied for a variety of reasons, such as:
1. No PIP Coverage: Your PIP claim can be denied if the insurance company informs you that you do not have PIP coverage. In Maryland, PIP coverage is mandatory unless you affirmatively waive it. In order to waive PIP, the insurance company will need to have you sign a waiver. To be valid, this waiver must be signed and meet certain statutory requirements, including stating the difference in premiums.
2. Medical Expenses Not Related to the Accident: If the insurance company feels that the medical expenses you are claiming are not related to the accident, they may deny your PIP claim. For example, if you were receiving treatment for a neck injury prior to the accident and continued with the same doctor and treatment regimen, the insurance company may argue that the treatment is not related to the accident.
Insurance companies have become better at capturing waivers online. In the past, insurance companies often had difficulty producing waivers when requested. Today, however, they are more likely to provide a signed waiver as proof that PIP coverage was waived.
If you have been denied a PIP claim, you may still be able to prove that the waiver was inappropriate and shouldn't apply. For example, if a family member waived PIP coverage years ago, but has since died, and you have renewed the premiums without waiving PIP yourself, you may be entitled to PIP benefits.
It is also important to note that while you can waive PIP coverage for yourself and other family members, you cannot waive it for children in your family who are under the age of 16.
If you are a pedestrian and are struck by a vehicle, PIP coverage comes from the striking vehicle. However, if you have waived PIP coverage for yourself, you are not entitled to PIP benefits under the striking vehicle's policy.
Similarly, if you are a passenger in a car that has PIP coverage, the primary policy for PIP benefits will be the vehicle you are traveling in. Again, if you have waived PIP coverage for yourself, you will not be entitled to PIP benefits under that policy.
However, if you have PIP coverage for yourself and are in an accident, you can still make a claim for PIP benefits even if you were in a car that did not have PIP coverage or a pedestrian struck by a car that did not have PIP. You can turn back to your own insurance company for PIP benefits. Also, if your PIP coverage is greater than the coverage of the primary PIP coverage, the initial portion of your claim will be paid by the primary carrier, and additional benefits would be available under your own policy.
For more information on Personal Injury Protection (PIP) In MD & WA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (301) 670-0443 today.