Personal injury protection (PIP) insurance is a type of no-fault auto insurance available in Washington, D.C., and about a dozen states. While PIP insurance is not mandatory in DC, it can provide coverage for medical expenses and lost wages for those injured in motor vehicle collisions.
If you were struck by a vehicle as a pedestrian in DC, you may seek compensation for your medical expenses and lost wages by filing a PIP insurance claim, provided coverage is available. An experienced car accident lawyer at Marks & Harrison can review your pedestrian accident, identify the applicable insurance, and discuss whether filing a PIP claim is a good option for you.
What Is PIP Coverage in Washington DC?
PIP coverage is an optional auto insurance policy that provides coverage of medical expenses, rehabilitation expenses, lost wages, and funeral expenses. Accident victims can rely on it regardless of who was at fault for an accident that caused their injuries. This insurance typically covers drivers and their passengers. However, pedestrians may also access PIP insurance coverage if a vehicle strikes them.
The primary difference between PIP insurance and the other auto insurance options available in Washington DC is that PIP provides no-fault benefits. When filing a claim against another driver’s auto liability insurance, the injured person must prove that the other driver caused the accident and is financially responsible for the consequences. Proving liability in a car accident case requires collecting evidence, such as traffic camera footage, accident scene photos, eyewitness statements, and expert testimony.
Seeking compensation through a PIP policy can limit the right to pursue compensation through a liability claim in some accident claims. It’s a good idea to discuss the matter with an experienced car accident attorney who can identify all the insurance policies available to provide compensation after a car crash.
Is PIP Coverage Mandatory in DC?
PIP coverage is not mandatory in Washington DC. However, insurance companies in DC must offer it to customers. If you do not want to pay for it, you can opt out of PIP coverage. But declining the coverage will limit your options when seeking compensation after a motor vehicle accident or pedestrian accident.
DC’s mandatory insurance coverage includes:
- Property damage liability — This insurance covers up to $10,000 in damage done by the insured to another party’s property.
- Third-party personal liability — This insurance covers up to $25,000 per person and $50,000 per accident for bodily injury caused by the insured.
- Uninsured motorist protection — This insurance covers up to $25,000 per person and $50,000 per accident for bodily injury caused by an uninsured motorist, including hit-and-run drivers.
Under DC law, insurance companies must offer optional PIP coverage, providing at least $50,000 in coverage for each victim’s medical bills and rehabilitation expenses.
Can I Make a PIP Claim If I Am the Injured Pedestrian?
If you were a pedestrian injured in a Washington DC car accident, you may file a PIP insurance claim against a driver’s policy or against your own PIP coverage. One of the primary benefits of PIP in pedestrian accidents is that it can shorten the time it takes to receive money to pay for your medical expenses and lost wages.
As long as you can show that you suffered injuries caused by a car crash, you may recover the compensation you need relatively quickly.
However, it’s important to remember that even if you file a PIP claim with your insurance provider, the insurer is not necessarily on your side. All insurance providers seek to minimize the claims they pay out after auto accidents. PIP claims may be denied if they are not filed in a timely fashion. It’s important to seek the guidance of a skilled DC car accident attorney who can lead you through the car accident claims process and help you seek fair compensation. An experienced attorney can prevent an insurance company from taking advantage of you.
Does PIP Cover Pain and Suffering Damages?
PIP insurance in a DC pedestrian accident does cover all expenses. PIP does not cover pain and suffering. Typically, personal injury lawsuits allow you to seek compensation for the physical pain and emotional suffering you experienced because of an auto collision caused by someone else. However, the no-fault insurance system does not cover pain and suffering.
Through PIP insurance, you can only recover economic damages. The primary types of economic damages sought through pedestrian accident claims are:
- Medical expenses — This compensation covers your past and future medical treatments, surgeries, hospital stays, prescription medications, medical devices, and physical therapy.
- Lost wages — This compensation covers the income you lost while recovering from your injuries and the income you will lose in the future due to the impact your injuries have on your ability to work.
Washington DC’s optional no-fault system requires an injured party to choose between filing a PIP claim and filing a car accident lawsuit against the at-fault driver, unless the accident victim can show that they suffered serious injuries or that their medical expenses exceed the limits of the PIP policy. If you’ve been injured as a pedestrian and believe the other driver was at fault, get in touch with a DC personal injury lawyer immediately to get a clear understanding of your options.
Does DC Have a PIP Statute of Limitations?
In Washington DC, two statutes of limitations typically apply to PIP insurance claims. The first states that in order to receive PIP benefits, injured parties must notify their insurer of their choice to pursue a PIP claim within 60 days of the accident. Failure to provide this notice could result in losing your right to file a PIP insurance claim.
On the other hand, the deadline for filing a personal injury lawsuit is three years from the date of the accident.
When car accidents occur, it’s crucial to file the appropriate claim within the time allowed. Otherwise, you may lose the right to seek compensation.
When seeking compensation through a PIP insurance claim, it’s vital that you keep both of these deadlines in mind. When you work with a skilled auto accident lawyer, the lawyer will determine the applicable filing deadlines and help you file your notice to pursue a PIP claim.
Contact a Washington DC Pedestrian Accident Lawyer
If you were injured in a Washington DC pedestrian accident, contact Marks & Harrison for a free legal consultation with an experienced personal injury attorney serving Virginia, Maryland, and Washington DC. Our firm has recovered millions of dollars for accident victims since 1911. Our firm has a track record of success in some of the largest cases in Virginia history.
Our team of 30 personal injury attorneys and over 100 support personnel, including research attorneys, a team of in-house investigators, and lawyers who previously worked for insurance companies, is dedicated to helping you seek the maximum compensation you deserve.
