Can I Recover Compensation from PIP and a Personal Injury Lawsuit in Maryland?

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If you have been in a car accident in Maryland and received PIP compensation, you might still be eligible for additional compensation. PIP insurance usually only covers certain economic damages but not non-economic damages. As such, a personal injury lawsuit can help you recover damages beyond your PIP coverage. Please continue reading as we explore what you should know about these matters and how an experienced Prince George’s County Personal Injury Attorney can assist you during these difficult times. 

What is PIP?

Before we delve into the complexities of whether or not you can recover compensation from both Personal Injury Protection (PIP) and a personal injury lawsuit, it’s crucial to establish a foundational understanding of what PIP entails. PIP is a type of auto insurance coverage that is mandatory in most states. However, you should note that motorists in Maryland are not required to carry PIP coverage. Insurance companies are required to offer it as an option, meaning drivers can choose to purchase it. The minimum amount of PIP coverage that insurance companies must offer is $2,500. If a motorist chooses not to have PIP, they must sign a waiver stating they are declining the coverage.

In Maryland, if you are injured in a car accident, you can take legal action against the other motorists to recover damages, such as medical expenses, lost wages, and pain and suffering. Maryland is not a no-fault state. PIP safeguards you regardless of who is at fault for the accident. If you have PIP, you can turn to your insurance company, and they will cover your medical expenses and lost wages.

Can I File a Personal Injury Claim After Being Compensated Through PIP in Maryland?

If your injuries or damages exceed the limits of your PIP coverage, you can file a lawsuit against the at-fault motorist to recover additional compensation. Unfortunately, PIP only covers economic damages. This refers to your quantifiable financial losses. It doesn’t cover non-economic damages, which reflect your subjective losses. As such, you may seek compensation for these intangible losses through a personal injury lawsuit if your PIP coverage limits are exceeded due to the severity of your damages.

You should note that if your PIP insurance provides you with compensation, your insurer may be able to recover a portion of that amount from any settlement you receive from a personal injury lawsuit. This is due to subrogation rights, which allow insurance companies to claim compensation that the insured received from the at-fault party after the insurance company has paid a covered claim.

If you have been injured in a car accident due to another party’s negligence, please don’t hesitate to connect with a Prince George’s County personal injury attorney who can help you navigate your options and pursue additional compensation for your damages. At McCarthy, Winkelman & Mester, L.L.P., we are prepared to help you fight for the justice you deserve. Connect with our firm today for guidance and skilled representation.

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