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.