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Can my passenger still file a separate claim under my PIP coverage after he signed a release to an auto accident settlement?

Fort Worth, TX |

My passenger already signed the release to an auto accident settlement. The settlement paid all the medical bills to the medical providers from my attorney. There is only a little bit leftover for my passenger. One important question I want to know is can my passenger still be able to make a claim under my auto insurance PIP coverage? Before and after he signed the release, my PIP adjuster denied his claim for PIP. The reason is he has Medicare but my attorney never filed a claim to his Medicare. That means Medicare never paid anything for his medical bills. What should he do right now? It sounds complicated. If anyone is experienced with this question, please give some advice.

Attorney Answers 5

Posted

Signing a Release doesn't preclude someone from using PIP for medical care.

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Posted

In signing the release for Bodily Injury damages your passenger did not give up any rights relating to PIP coverage.

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Posted

Your passenger should be able to make a PIP claim. The signing for the Bodily Injury release should not affect his right to make a 1st party claim with your PIP carrier.

This answer is meant for information purposes only. No attorney-client relationship has been established between the Avvo user and Cesar Garcia.

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Posted

Yes.

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Posted

Your passenger is entitled to recover his medical expense from your PIP coverage and from the other party's carrier as well. Medicare shouldn't affect PIP payments, but medicare does have a lien on the third party claim.

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