Key Points
- Personal injury protection (PIP) is a type of no-fault insurance where you can claim financial compensation for personal injury regardless of who is at fault. This is applicable if you live in a no-fault state.
- Medical payments coverage (MedPay) is another type of no-fault insurance where the policyholder can get financial compensation for medical expenses, regardless of who caused the accident. This insurance covers medical expenses for injuries incurred by you or your passengers in a car accident.
- A personal injury lawyer can help facilitate your claim for personal injury protection should the situation call for it. They offer essential services such as helping you access insurance coverage to cover medical bills and related expenses.
Getting injured in an accident is a traumatizing event, whether it was a truck accident, car accident, slip-and-fall accident, or an encounter with a defective product. It leaves a psychological imprint on a person’s mind. Therefore, having to deal with the legal process and covering your own medical expenses can be too much for anyone to handle.
In such cases, having someone in your corner to advocate for your rights can be a game changer. We recommend that you get the help of an attorney to help you with your personal injury claim during these troubling times.
What exactly is personal injury protection? Here, we discuss the definition of PIP, how you claim liability for a personal injury claim, why it is important to be covered by personal injury protection, its difference from MedPay, coverage limits, and where you can seek a free consultation for your inquiries about personal injury claims.
What Constitutes A Personal Injury?
Simply put, a personal injury is an injury that is caused by another’s negligence. It is something that needs the presence of two parties: the injured victim and the one who caused the injury.
What Is Personal Injury In The State Of California?
In the state of California, the definition of personal injury is essentially the same as what we have previously discussed – an individual is harmed and injured as a result of another person’s negligence. Some common cases of personal injury seen in California are motor vehicle accidents, truck accidents, pedestrian accidents, slip-and-fall accidents, and product liability.
How Do You Claim Liability In A Personal Injury Claim?
California laws require victims who file a personal injury claim to prove the following to get a favorable judgment for their claim:
- The defendant had a legal duty of care;
- This duty is breached;
- This breach caused your harm; and
- You suffered damages.
If you are able to prove all 4 of these elements, then a personal injury attorney can help you bring a personal injury claim against the defendant. They can also help communicate with the insurance company on your behalf to advocate for your rights.
What Is Personal Injury Protection?
Personal injury protection, also known as PIP, is a type of insurance that is considered to be “no-fault”. It is added to your auto insurance to increase your protection in case of an accident. Since PIP is no-fault insurance, it means that the insurance company will give you financial compensation for medical expenses, income loss, property damage, and other medical expenses regardless of who was at fault for the auto accident.
Insofar as a bodily injury is proven, may it be physical or psychological, PIP can be claimed if it was part of your policy when the accident occurred. It may even cover funeral costs for both the driver and the passengers involved in a car accident.
One thing to note about PIP is that it is often only available in no-fault states. California is not a no-fault state, and as such, most insurance companies in California do not sell PIP. Instead, they offer an alternative called medical payments coverage, also known as MedPay.
What Is Medical Payments Coverage or MedPay?
In the event of an automobile accident, MedPay is designed to cover your medical bills and those of your passengers so you can avoid paying for medical costs out of pocket, even if you were the cause of the accident.
Most, if not all auto insurance policies will only compensate other people in case you cause an accident. MedPay is an added protection to car insurance that can help you make a claim for reimbursement of any medical costs you or your passengers may incur.
The difference between MedPay and PIP is that MedPay is still often sold in states that are not no-fault, while PIP is rarely available in the same states, if they’re even offered at all.
Another difference is that MedPay only covers medical expenses, while PIP also covers medical expenses and compensates for income loss, property damage, funeral expenses in case of death due to the accident that occurred, and other expenses you might incur from a vehicular accident.
How Is Personal Injury Compensated?
Personal injury will be compensated monetarily. The money can come from your insurance company depending on policy limits on your coverage, or it can also come from the at-fault party, depending on the circumstances of the case.
In the case of property damages, like totaled cars and broken motorcycles, a calculation is done to determine the amount needed to compensate for repairs or replacement.
Your insurance company will have an adjuster who will evaluate the damages done and the property damages will also be taken into account during the calculation.
How Do I Claim Compensation For Personal Injury?
Filing a personal injury claim can be a tedious process; therefore it may benefit you to consult with a personal injury attorney regarding your claim..
Your case may need to be litigated. However, a personal injury attorney can navigate you through the complexities of the legal process and advocate for your rights to get you compensated for your injuries..
Is Personal Injury Protection (PIP) Worth The Cost?
In essence, yes. PIP may feel like an added expense that you will never use. This may be because you have never been in an accident, never been hospitalized, or never had the need for it. So, you may feel like your money is going to waste and would have been better spent on other things such as healthcare expenses, household bills, and other priorities.
However, it only takes that singular accident for this type of auto insurance coverage to be worth your while, in the same way you only value your health insurance when you get hospitalized. Personal Injury Protection can end up being worth the money, should you experience a personal injury.
Can I Get A Free Consultation With An Attorney About Personal Injury Protection Coverage?
We offer free initial consultation to help you fight for your rights and get compensation for your personal injury.
Get legal help now
To recap, personal injury protection or PIP is an added level of protection in your auto insurance plan. It will compensate you for expenses such as medical treatment, lost wages, and funeral expenses.
Should you need help regarding personal injury protection, seeking the guidance of a personal injury attorney is advisable. You can also talk to them about the availability of PIP coverage in your area as this might be unavailable if you live in a no-fault state.
