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No-Fault PIP Priorities
September 23rd, 2010 at 12:09 pm   starstarstarstarstar      

        Figuring out which or whose auto insurance company is obligated to pay medical bills and other PIP benefits can be confusing.  To determine which auto insurance company is responsible for paying benefits, answer the following questions:

 

1.  Was there an accidental injury that arose out of the ownership, operation,  use or maintenance of a motor vehicle as a motor vehicle? If answer is “Yes,  continue. 
     For an Insurance Company to be obligated to pay under the No-Fault Law a “motor vehicle” has to be “involved.”  This typically means a car, van, truck, trailer or bus was somehow involved in the accident. 
      A motorcycle is not defined as a motor vehicle under the No-Fault Law.  If patient was injured in a single motorcycle accident (e.g. biker hits tree, deer, or other motorcycle), no PIP benefits are available.  However, if a car cut the biker off, a “motor vehicle” was “involved” and benefits would be available.
 

2.  Do any exclusions apply? If no exclusions apply, continue.

  • If the patient is an owner of an uninsured vehicle that was involved, he or she is not entitled to PIP.
  • A patient that stole the accident vehicle is not entitled to PIP.
  • A patient from a different state in a car registered in a different state MAY be excluded from benefits.
  • If the patient's injury occurs while performing his job, worker's compensation insurance MAY pay some of the benefits that would normally be paid by the automobile insurance.

3.  Was the patient an “Occupant of a privately owned vehicle”, a

    Non-Occupant (pedestrian, bicyclist, etc.) or a Motorcyclist?
The determination as to which auto insurance company is responsible for PIP benefits is different for an occupant, non-occupant and motorcyclist.  The next three pages explain the process for determining which company is responsible.
 

IN A NUT SHELL:
1.                  A Motor Vehicle must be involved.
2.                  You don't get PIP if you stole the accident vehicle or are the owner of an uninsured motor vehicle involved in the accident.
3.                  You must figure out if patient is an Occupant, a Non-Occupant or a Motorcyclist to  ascertain which insurance company is responsible for paying PIP.
 

Posted in Legal, News by Jason Waechter, Esq.
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