What is Personal Injury Protection, and How Does it Affect a Car Accident Claim?

All but two states require drivers to have car insurance. The exact requirements vary significantly, so it’s important to know what’s required in your state. There are varying amount requirements as well as different types of auto insurance you might need. The consequences of driving without insurance can include fees, losing your license and vehicle, and even jail time.

But what is personal injury protection, and where does it fall in this lineup of requirements? How does PIP affect your coverage or lawsuit after a car accident? As your experienced personal injury lawyers in the Tacoma area, we’ll explain the details of personal injury protection in WA.

What is Personal Injury Protection (PIP)?

Personal injury protection, or PIP, is a type of car insurance. It covers injury expenses for you and your passengers in a car accident. Unlike liability insurance, PIP does not cover expenses for the vehicle’s driver or passengers, and it does not depend on who was at fault. 

In every state but New Hampshire and Virginia under certain circumstances, drivers are required to have liability insurance. But personal injury protection is only required in some states, optional in others, and unavailable in several.

Is PIP Required in Washington State?

Fiften states require drivers to have personal injury protection, but Washington does not. PIP is optional in Washington State. Most states that require PIP are “no-fault” states, which means you cannot usually sue the other driver even if they are at fault. In no-fault states, each driver’s makes claims to their own insurance, regardless of who caused the accident. PIP is helpful in these situations to financially protect you if you’re injured by another driver’s negligence but can’t sue. Consequently, it’s often known as “no-fault insurance.”

Washington is not a no-fault state, but it still offers personal injury protection as an option for additional insurance coverage.

What Will PIP Cover?

If you have personal injury protection, it should cover expenses related to injuries from the car accident. It only applies to you and your passengers, never to other drivers. You can still claim PIP even if you were at fault for the accident, but it won’t apply if you committed a crime while driving or if you were driving for work.

Personal injury protection typically covers:

• Medical costs
• Rehabilitation
• Lost wages
• Expenses like child care or house cleaning while you’re injured
• Funeral expenses

PIP does not cover damages to your vehicle or property. These expenses would fall under liability insurance. If you were at fault, the other driver’s expenses may also be covered by your liability insurance.

How Does Personal Injury Protection Affect Car Accident Claims & Lawsuits?

Since Washington is a fault-based state and PIP is optional coverage, you can still file a claim against or sue the other driver if they were at fault for the accident. PIP can be a great safety net if the other driver is uninsured or you’re unable to win a lawsuit, but it’s not always enough to cover your expenses. If you have severe, lasting injuries, higher expenses than your coverage, or significant vehicle or property damage, you may want to file a claim or lawsuit against the other driver for compensation.

Sometimes, disputes and lawsuits might arise regarding the PIP insurance itself. It’s not uncommon for insurance companies to offer stingy payouts or deny claims. They may try to dispute whether your medical expenses are covered and minimize your coverage. In these cases, you should seek legal counsel to get the coverage you’re owed.

How a Personal Injury Lawyer Can Help with PIP

Having personal injury protection might offer the extra layer of coverage you need to recover from a car accident with minimal conflict or financial hardship, but sometimes it isn’t enough, and sometimes it becomes a conflict in and of itself. A personal injury lawyer is your best resource for navigating disputes and lawsuits after a car accident. Our job is to fight for your rights and make sure you get the compensation you deserve, all while handling the details so you can focus on recovery.

With a Claim or Lawsuit Against the Driver

Your PIP may only cover a percentage of your expenses or up to a certain amount. If significant injuries or other damages leave you with more expenses than coverage, and if the other driver was fully or largely at fault for the accident, you may be entitled to compensation through their liability insurance. You can sue the other driver if a fair settlement can’t be reached. In some cases, a third party may be at fault for the accident and liable for your damages.

Whenever you’re physically and financially hurt by another person’s negligence, a personal injury lawyer is an invaluable ally to get justice. We can help you with the paperwork, phone calls, and negotiations. If it comes to a lawsuit, we’ll represent you tirelessly in court. While an insurance company’s goal is to minimize payouts and the other driver’s goal is to deflect blame, our goal is to make sure you get the highest compensation possible.

With a Personal Injury Protection Dispute

Unfortunately, personal injury protection isn’t always the safety cushion it’s meant to be. You might face new challenges as you file a claim with your insurance company. Remember, it’s in their best interest to pay you as little as possible, so it’s likely that they will look for loopholes or reasons to minimize your coverage. They might deny that some of your medical expenses were necessary or relevant to the car accident in order to reduce their payout.

If you find yourself in this situation, your personal injury lawyer can help. Just as we can fight for your entitled compensation with an at-fault driver’s liability insurance, we can negotiate with your PIP provider to ensure you get fair coverage.

Learn More at Capital Injury Law Today

For Washington State drivers, personal injury protection can be a financial relief when you need it most. But sometimes it isn’t enough, or doesn’t give you the coverage you need without a fight. Whatever your situation, we’re here to help. Contact Capital Injury Law today to consult a personal injury lawyer in Tacoma, WA.