What Is Personal Injury Protection?

Motor vehicle accidents are some of the most common personal injury cases in Pennsylvania, and while state law does give victims of accidents the right to compensation for their losses, it's important to understand where that compensation comes from. One of the biggest contributors to this compensation is personal injury protection, but if you're unfamiliar with this concept, you may just be wondering what exactly personal injury protection is.

Personal injury protection, or PIP, is a component of car insurance that can potentially cover a wide variety of losses, including payments for medical bills after an accident. This type of insurance ensures that everyone involved in an accident can get the immediate medical care they need without necessarily having to worry about footing the bill.

Pennsylvania is a “no-fault” state, so personal injury protection kicks in regardless of who is at fault for the accident. This helps lessen the burden on the legal system by ensuring that victims of car accidents don’t have to go through the legal system to get compensation for their financial losses related to medical bills and the like.

Personal Injury protection is also a requirement in Pennsylvania. This means that every driver on the road must have some sort of PIP policy that meets the legal limits, with many drivers still opting into paying more to guarantee more extensive coverage in the case of an accident.

Personal injury protection is incredibly important, and drivers need to have a full understanding of all the ins and outs so that they can rest assured knowing that they have the coverage they need when they need it most.

What Does Personal Injury Protection Cover?

Now that you have a good idea of what personal injury protection is, it’s essential that you know exactly what and who it covers.

The full extent of coverage will depend largely on the specific policy you have, but in general, PIP can cover everything from medical bills and lost wages to funeral expenses in the case that someone loses their life.

Pennsylvania is a “no-fault” state, so PIP will cover these expenses regardless of who is at fault for the accident. PIP is first-party coverage that’s meant to insure you and not the other party involved in the accident, but that leaves another question. What if you have passengers in the car with you? Are they covered as well?

In the vast majority of cases, PIP doesn't just cover the driver. It will also cover the medical expenses of any passengers present in the vehicle during the accident. This means that no matter who is in the car or whether or not they have their own health insurance, personal injury protection can cover them all.

It's also important to note that PIP does have its limitations. For example, while it does cover losses from medical expenses, lost wages, etc., after an accident, recovering losses due to property damage works a bit differently.

Property damage does not fall under the no-fault umbrella, and even while PIP policies are required to meet a minimum property damage threshold, you will need to file a civil lawsuit in order to collect on those damages.

How Does Personal Injury Protection Work?

Personal injury protection kicks in no matter who caused the accident, but you will still need to go through the work of making a claim with your insurance company to collect.

While you can file a PIP claim by yourself, insurance companies often do everything in their power to pay as little as possible. Because of this, it’s always a good idea to talk to a lawyer after an accident so that they can take care of all of this and more for you, ensuring that you get the compensation you deserve regardless of how stingy your insurance company tries to be.

Another important thing to note is that, unlike other types of insurance whose payments tend to increase the more you use it, PIP insurance payments should not increase after an accident.

What are the Minimum Personal Injury Protection Requirements in Pennsylvania?

Personal injury protection is a requirement under Pennsylvania law, and while it is certainly advisable to pay for an insurance plan that does a bit more than just meet the minimum requirements, it’s still helpful to know what those minimum requirements are.

In Pennsylvania, there are essentially three different minimum requirements that a PIP policy must meet. The first is medical benefits, which are intended to cover the medical bills of the person who owns the policy. The minimum requirement for these benefits is $5,000 in Pennsylvania.

PIP policies also need to cover the bodily injuries of anyone else who was in the car at the time, and the limit for this is either $15,000 per person or $30,000 per accident. It is also a requirement that PIP policies cover up to $5,000 of property damage in case the policyholder is at fault for the accident.

a judgement scale and gavel in a personal injury law office

Contact HoeyLegal Today

Are you the victim of a recent personal injury? Are you looking for a Chester County personal injury lawyer that you can trust to win you your case? Give us a call.

Here at HoeyLegal, we’re proud to be the leading personal injury law firm in Chester County, and we specialize in helping our clients get compensation for their losses after an accident. Our expert legal team is always here to answer questions and will happily tell you more about how we can help you win your case. We’ll even offer you a free consultation to help you get the ball rolling.

We understand just how difficult dealing with a personal injury is, and we’ll always do our best to be the trustworthy advocate you need when going through such hard times. Don’t trust anyone but the best with your personal injury case. Call HoeyLegal and take the first step toward getting the compensation you deserve today!

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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