by creecy.matthews » Mon Jul 12, 2010 06:48 pm
I live in a no fault state and the person who hit me has PIP. I know my insurance company will cover my damages up to 10000 paying at 80%, they told me his insurance company should reimburse me the outstanding amount. His company told me the driver did not have any bodily injury insurance. I was under the impression that PIP was to cover the person you hit???
Posted: Fri Jul 30, 2010 09:54 pm Post Subject:
PIP is personal injury protection which typically protects the insured not the other party
Posted: Sat Jul 31, 2010 01:01 pm Post Subject:
His company told me the driver did not have any bodily injury insurance
Whether the at fault party has BI or not depends on the law of the state where he is insured. Regardless, if your actual economic damages (not general damages such as pain and suffering) exceed your policy limit, then you can still sue the other party for your loss.
Posted: Thu Sep 16, 2010 11:04 am Post Subject:
I was under the impression that PIP was to cover the person you hit???
Yes, it protects the insured as well as his co-passengers.
Consider filing a lawsuit only when your economic damages are worth a big amount. Otherwise, you might need to pay for the attorney in vain.
Posted: Thu Sep 16, 2010 12:35 pm Post Subject:
Yes, it protects the insured as well as his co-passengers.
Rupert, your comment seems to contradict the quote that preceded it. PIP = personal injury protection. It is FIRST-PARTY protection not third-party protection, with the possible exception of passengers in the PIP-insured's vehicle.
PIP will not pay a damage claim made by the driver or occupants of a vehicle hit by the driver who has PIP. That's what bodily injury liability coverage is for.
With the exception of the twelve "no-fault" states, I don't know of any other state that does not require BI coverage in an auto policy. And even the policies issued in the twelve no fault states have language that provides the minimum BI coverage required by law if the insured is driving in a "tort" state.
Posted: Tue Sep 28, 2010 10:21 pm Post Subject:
Your PIP is designed to cover you, your family members and passengers in your car.
Bodily Injury Liability is designed to provide coverage to a third party when you are liable for injuries they sustain.
It sounds as though you might be located in Florida. If so, I would contact the Department of Motor Vehicles and advise them you were in an accident, injuries were sustained, and you have been advised the at-fault driver was not carrying Bodily Injury liability.
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