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I got hit by a truck when I was riding my bike on Route 1. I have waived PIP coverage on my truck. Am I able to make a claim?

Hyattsville, MD |

I'm a resident of maryland but the accident occured in DC and the driver was a DC resident. The driver was at fault and he recieved a ticket for hitting me. I filed a claim with the driver's insurance company, but they asked for my auto insurance information at the time. I didn't think this made sense as I was hit by a vehicle while riding on a bicycle, but I gave it to them anyway. In any case, now they're telling me that I"m not entitled to compensation for my medical bills or bike damages because I waived PIP on my vehicle, which had nothign to do with the accident. What does waiving PIP for my auto insurance coverage have to do with me riding a bike? Am I really not covered? I don't think this makes sense and I think its extremely unfair. Any advice is welcome and thank you in advance

Attorney Answers 4

Posted

Never try to settle a claim yourself, as the insurance company will play games with you. Any personal injury lawyer can get you money for your injuries.

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Posted

It is simply NOT true, despite what the prior out of state lawyer claimed before, that "any" personal injury attorney can get you money for your injuries. You need to get to an experienced injury attorney now who is licensed in both DC and Maryland, and even that is not an automatic win. I am licensed in both DC and Maryland but my practice doesn't involve enough PI to make me suitable. I would respectfully suggest contacting Gary Courtois in Upper Marlboro at (301) 952-1333; he is an EXCELLENT PI attorney and is dually licensed in DC and Maryland. If you don't get Gary, get another similarly experienced attorney who a) does injury work ROUTINELY and b) holds licenses in both Maryland and DC.

PIP in DC is complex but if you live in Maryland and your vehicle was registered in Maryland, the DC PIP issues should not affect you and you should have a straight-up lawsuit for liability. This does NOT mean that you are guaranteed recovery; both Maryland and DC have a tricky contributory negligence law, even if you were only 1% at fault. Short answer: call Gary soonest or another similarly situated attorney. Good luck.

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Posted

thank you!! We'll contact Gary!

Posted

Get an attorney. They should be responsible for all of your damages. DC law is what matters, not Maryland. Insurance companies will do anything to refuse paying. Talk to a DC injury attorney about PIP and your case.

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Posted

Thank you!!

Posted

I am licensed in Texas, but I can tell you that your waiver of PIP does not affect your claim submitted to a third party insurance company (at least in Texas). I highly recommend that you contact an experienced personal injury attorney who is licensed in DC. We have an attorney in our office who is licensed in Maryland and he has told me what the adjuster is saying is not making sense.

The answer provided is for general informational purposes only. You are strongly advised to contact an attorney in your jurisdiction to get their best advice. No attorney-client relationship has been formed and you should contact your own attorney as soon as possible to avoid delay.

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