Entitled for pain and suffering for PIP which I am at fault.

Asked about 1 year ago - Seattle, WA

I have a coverage of $10,000 for PIP coverage. Am I entitled to compensate pain and suffering. If so, do the insurance will just be limited for the cap amount remaining after the medical expenses. When can I start to file for compensation to my insurance.

Attorney answers (5)

  1. Paul Michael Veillon

    Contributor Level 12

    5

    Lawyers agree

    Answered . Unfortunately most PIP policies only pay benefits for reasonable and necessary medical care for at-fault accidents, along with partial wage replacement and domestic services reimbursement. Your claims representative is responsible for fully and completely explain your coverages.

    I would recommend filing your PIP claim right away to comply with your duties under your policy.

    Fault can be a complicated question, so you may wish to consult with a personal injury attorney even if you think you are at-fault.

    Thanks for your inquiry. I'm sorry to hear about your injury. Best of luck to you.

    The answer above is not legal advice, and I'm not your lawyer. At best, it's a hint in the right direction.... more
  2. Richard Paul Patrick

    Contributor Level 13

    5

    Lawyers agree

    Answered . Hmm...Well if you are the at fault party, you are not entitled to pain and suffereing. Please call a personal injury attorney to discuss your case. It is very normal for personal injury attorneys to discuss your matter without charging you. Most PI attorneys work on a contingencey fee basis, whcih means they dont get paid unless you recover damages. Your PIP coverage is to cover medical expenses to anyone that was hurt...that is a different pool of money than pain and suffereing is drwawn from. You have 3 years from the date of injury to file a suit for damages in a personal injury case. That is different than the time line detailed in your insurance policy for you to file a claim to cover your losses. Your "questions" mixes appels and oranges in the same grocery bag...seek legal advice immediately to protect your rights. Good Luck.

    This is not legal advice.
  3. Daniel Nelson Deasy

    Contributor Level 20

    5

    Lawyers agree

    Answered . My colleagues are both right -- if you are at fault, you don't get pain and suffering damages.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Gregory Stuart Marshall

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . I cannot tell from your brief statement whether you were injured by another driver who was at fault. If so, you may be able to pursue a claim. Your PIP coverage is available to you regardless of fault. You should not try to settle your claim until you have completed treatment for your injuries, but you should not wait until the statute of limitations expires--which is three years from the date of the accident.

    Please consult with a local attorney to discuss your rights and whether you have a claim that you should pursue.

    This answer is intended to provide general guidance only and does not create an attorney-client relationship.... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Best bet is to have a local personal injury lawyer investigate, as you want maximum compensation

Related Topics

Pain and suffering for personal injury

Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.

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