- November 11, 2024
- Car Accident
Motor vehicle owners in Washington State are required by law to have an auto insurance policy. Washington is an at-fault state, meaning that the party responsible for an accident will pay damages to the victim through the responsible party’s auto insurance policy. However, there is optional insurance that car owners can buy called Personal Injury Protection (PIP) coverage.
This blog looks at what PIP covers after a car accident and what it does not. If you need legal representation after an auto collision in Washington, contact Montoya Hinckley. We work on a contingency fee basis and offer free case reviews for personal injury cases. This means you can get advice on your case without any financial commitment. Call us at 509-895-7373 to schedule one.
Why Choose Our Car Accident Lawyers at Montoya Hinckley?
At Montoya Hinckley, we understand the importance of good legal representation in securing successful outcomes for clients. As a result, we use our experience and skills and dedicate our resources to fighting for our clients’ rights. Our car accident lawyers will carefully examine the facts of your case and guide you on how to recover damages.
If you have a PIP insurance policy, we will guide you through making a claim and receiving your benefits. We are committed to every case we handle and provide legal strategies based on your needs. We are always available to attend to you, so do not hesitate to contact us.
Our attorneys at Montoya Hinckley have a proven track record of success, having obtained numerous six- and seven-figure recoveries for our clients. We bring the same unrelenting dedication to each client’s case.
What Is PIP Insurance?
Personal Injury Protection (PIP) insurance is an add-on policy, meaning you are not required to have it. However, Washington law mandates that insurance companies offer PIP to drivers when they buy auto insurance policies. If you decline PIP, you must communicate your denial to your insurance company in writing.
Declining PIP insurance coverage, however, is not a good idea. With PIP insurance, you don’t have to worry about fault in a car crash, as PIP insurance pays your immediate medical costs and some wage loss. PIP can provide immediate payment for medical bills, and can cover certain lost wages. Also, with PIP, you don’t have to worry about deductibles or copays. The amount of PIP insurance available to you depends upon the policy limits of the PIP coverage that you purchase.
Having PIP does not mean you cannot file a claim for damages against the person responsible for your car accident. But PIP coverage is available to pay immediate medical bills and wage loss without having to wait for the at-fault driver’s insurance policy to pay out.
What Does Personal Injury Protection Insurance Cover When I Am in an Accident?
PIP insurance covers the following after an accident:
Medical Expenses
PIP covers all reasonable and necessary medical expenses incurred as a result of the accident, including the following:
- Hospital bills
- Surgical expenses
- Ambulance fees
- Medications
- Rehabilitation and therapy costs
- Diagnostic services like X-rays and MRIs
PIP pays anywhere from $10,000 up to $35,000, depending upon the PIP policy limits that you purchase.
Lost Wages
Personal Injury Protection insurance will cover some of your wages if you cannot work because of the injuries you sustained in the accident, or because you have to miss work to receive treatment for the injuries you suffered in the accident. The amount of lost wages that you can receive varies depending upon the amount of PIP insurance you purchase, but an injured person with PIP can receive up to $200-$700 every week they miss work, depending upon the amount of PIP coverage they have, up to the PIP policy limits. PIP benefits for lost wages are available 14 days after the accident.
Loss of Services
If your injuries prevent you from performing everyday tasks, like grocery shopping and yard work, PIP can cover the cost of hiring someone to do them. PIP pays up to $40 per day, up to the loss of services policy limits in your PIP policy, to non-family members for work you can’t do because of your accident injuries and that is actually performed by the non-family member.
Funeral Expenses
If the car accident leads to the death of someone covered by the PIP insurance policy, PIP will pay $2,000 for funeral expenses.
PIP only covers reasonable costs related to the car accident, and your insurance company will not pay more than the costs you actually incur.
What Does PIP Insurance Not Cover?
PIP insurance does not pay for pain and suffering. If you want to receive pain and suffering damages, or other non-economic damages such as damages for emotional distress, disability and disfigurement, or loss of enjoyment of life, you must recover those damages from the at fault party, by filing a personal injury claim against the party responsible for the accident or, if the at-fault party does not have insurance or does not have enough insurance, through your Uninsured/Underinsured Motorist coverage (maybe include a link here for UM/UIM).
PIP generally does not cover injuries that you sustain while using a motorcycle, unless you have purchased PIP coverage on your motorcycle policy.
Another instance where PIP will not pay benefits is if you were committing a felony or participating in drag racing when the accident happened. Also, if your injuries resulted from an accident while using, farm equipment, mopeds, or off-road recreational vehicles, PIP insurance will generally not apply.
How Much Time Do I Have to File A Claim For PIP Benefits?
PIP generally will pay for hospital and medical expenses incurred within three years after the date of the accident. However, it is best to commence your claim as soon as possible, because PIP is intended to cover the initial costs of the accident as they are incurred. Also, filing a claim early helps to avoid losing the evidence needed to file a valid claim.
Get the Help You Need from Montoya Hinckley
Car accidents often leave people with severe injuries and medical bills they can’t afford to pay out of pocket. With PIP insurance, you can receive care for your injuries immediately, before filing a claim to recover damages from the party responsible for the accident. The attorneys at Montoya Hinckley can help you file a claim for your PIP benefits when you’ve been injured in a car accident. Once you have received your PIP benefits, we can prepare your case for filing a claim against the at-fault party, handle communications with the at-fault party’s insurance company, and negotiate a settlement for you. If the insurance company for the at-fault driver is unwilling to pay you a fair settlement, we have the skill, experience, and resources to file a lawsuit to obtain the recovery you deserve.
Consultations for accident cases are always free at Montoya Hinckley, so call us at (509) 895-7373 to schedule a free case review.
Attorney Kevan Montoya
For over thirty years, Mr. Montoya has successfully represented clients in litigation involving multi-million dollar cases involving wrongful death, employment and business and commercial disputes. He regularly counsels businesses in Yakima and Central Washington on employment policies and helps businesses train employees regarding employment law compliance. He regularly speaks on employment issues. [ Attorney Bio ]
Attorney Tyler Hinckley
Tyler Hinckley represents individuals and businesses in state and federal court in litigation involving personal injury, property damage, employment claims, and business and commercial disputes. He represents individuals and businesses in a variety of employment cases, including wrongful termination, wage and hour, employment discrimination, and retaliation. Additionally, he represents individuals in residential construction defect and construction contract disputes, easement and boundary line disputes, and in cases involving damage to real property. Tyler also represents clients in administrative proceedings before state administrative agencies. [ Attorney Bio ]
