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Who can make a PIP claim after an auto accident?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
A PIP claim is a common result of a car accident in a no fault state. PIP refers to personal injury protection. It is designed to provide coverage for your actual medical bills, as well as for the actual amount of wages you lose due to missing work because of a car accident. In 12 states within the U.S., buying PIP insurance is required under the no fault laws or rules.
No fault states require PIP insurance because they do not permit people to sue for accidents where the injuries were minor. In such states, only "serious" injuries can give rise to litigation, and a person may only sue for his pain and suffering and other damages when the injuries fall within the definition of "serious." As such, unless your injuries are within the state's definition of serious, your only option will be to make a PIP claim.
When you make a PIP claim, it is important to note that there is no issue of who was at fault. In other words, even if you caused the accident in question, you may still make the PIP claim. This, in fact, was one of the purposes of setting up the no fault system--to ensure that everyone is able to have medical treatment paid for after an accident occurs.
Therefore, if you live in a no fault state, have PIP coverage (which all drivers must) and you get into a car accident where you are hurt and have to pay out medical bills or miss work, you can make a PIP claim. To get help doing so, you should strongly consider speaking with a lawyer.