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Personal Injury Protection Lawsuits

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What Are Personal Injury Protection Lawsuits?

Personal injury protection is a type of automobile insurance that offers extended coverage for issues such as medical expenses, lost wages, and other costs. Some states make PIP coverage mandatory; other states do not require it by law. It is sometimes known as “no-fault” insurance, though no-fault insurance might include other types of insurance as well.

Personal injury protection lawsuits are legal claims that revolve around the insurance aspect of a car accident case. In many cases, these may have to do with one party contesting the exact amount that they have to pay the other party, since insurance companies may cover some of the costs. In other cases, they can involve an insured person suing the actual insurance carrier due to some sort of insurance dispute, or vice versa, such as a breach of insurance contract.

What Are Common Legal Disputes Involving PIP?

Personal injury protection can be helpful because they allow for insurance coverage regardless of whether the person is at fault (legally liable for the accident).  Some common legal disputes that involve PIP include:

  • Disputes over the amount of damages owed to the other party in a car accident
  • Disputes over the extent of coverage provided by the insurance carrier
  • Conflicts regarding definitions in an insurance contract (such as the definition of “medical expense”- this may differ by state)
  • Conflicts involving third parties who may not be insured
  • Violations of law, such as when an insurance provider suddenly changes coverage terms in a way that violates the policyholder’s rights

What Are the Remedies for PIP Disputes?

Personal injury protection lawsuits can involve a number of different remedies for the conflict. These of course will depend on the type of conflict involved as well as the legal issue at hand. Generally speaking, some remedies in a PIP lawsuit might include:

  • Monetary damages awards (for instance, if a person sues for expenses that are not covered in the insurance policy)
  • Non-conventional damages such as punitive damages in cases involving intentional acts
  • Contract-type remedies, such as a re-working of insurance policy terms
  • Injunctions requiring one party to take certain actions
  • Sanctions for insurance companies that have violated statutes or laws

Thus, PIP can often provide coverage for basic expenses that are normally associated with car accidents and personal injury claims. However, more complex legal issues may have to be worked out in court.

Should I Hire a Lawyer for Help with PIP Issues?

Personal injury protection can be helpful for certain costs and issues. However, you may need to hire a personal injury lawyer in your area if you need to file a lawsuit for a violation or legal issue. Your attorney can provide you with legal advice and representation for your case. PIP laws are very different from state to state, but your attorney can research state statutes to determine what your course of action should be.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 06-26-2018 11:32 PM PDT

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