The Insurance Company Says I Don’t Have PIP. How Does That Effect The Value of My Case?
Maryland law provides that personal injury is a coverage that you have it unless you say you don’t want it. Baltimore automobile accident victims sometimes find themselves faced with medical bills they for which they which believed they had personal injury protection coverage.
A person may waive* their statutorily mandated PIP coverage, but, there are specific requirements:
- the waiver must be in writing
- on a form approved by the Insurance Commissioner
- and the insurer must advise the person of the consequences of a waiver.
So, if your insurance company can demonstrate that you waive your PIP coverage, it will absolutely have an impact on your case value. As attorney Eric T. Kirk will tell you
Not directly, as the availability of coverage has no bearing on if the accident happened, or the nature an extent of your injuries. The effect is indirect. If a medical provider has been paid through PIP, you won’t have to account for that bill out of your compensation. Moreover, if a provider has been paid through PIP, they may be more willing to reduce any remaining balance, as they have been paid in part for their services. Negotiating balances due with medical providers is an important service of a personal injury attorney, and the effects of this negotiation process are direct:: more money in the client’s pockets.
*The Assembly has recently enacted a change in this process. Marylanders now have the option of carrying less insurance. An insured may now reject personal injury protection altogether, under specific circumstances. See Insurance Article, Md. INSURANCE Code Ann. § 19-506.1.
If you’ve sustained injury in a car accident, I’d be honored to sit down and discuss the specifics of your claim with you, and give you my opinions on it. I offer such a session free of charge to any accident victim. Contact me today to arrange a meeting. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
