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I was rear-ended last night by a motorist. She gave insurance information to me and now I am waiting to hear from her insurance.

Cincinnati, OH |

My question is about PIP? When do you file and with whom my insurance or hers?

The vehicle i was driving belonged to a friend whom did not have coverage at the time. I did contact the Insurance company. I have a claim number. Can I apply PIP toward the person who crashed into the back of me, toward their insurance?

Attorney Answers 5

Posted

Don't wait to hear from an insurance company, you could grow quite old. Call them. Most of the major insurance companies have toll free telephone numbers that you can discover on line. As to your own PIP, you can start the process by calling your own insurance agent and reporting the accident.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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Posted

When you are rear-ended, the liability is usually on the other motorist. If you sustained injury, you should always get a free consultation with a local personal injury lawyer. Never speak with the insurance companies directly, as they protect their interests and not yours. Never make any statements to them, tell them your lawyer is handling the accident.

The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Posted

You need to speak with an attorney immediately. Most reputable attorneys will meet with you for free to discuss the facts of your case.

A skilled attorney with experience dealing with car insurance companies can help get them back on track. This is especially true when you are being forced to pay for damages you did not cause, or are being denied what you are entitled to.

I wish you the best. If you would like to review your case for free give my office a call at (440) 471-7784 or (216) 288-0792.

Sincerely,

Joseph C. Patituce

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Posted

Where the accident occured will determine how best to proceed. You appear to be a resident of Ohio, which does not have PIP coverage, but Ohio policies typically will have medical payments coverage. When you use the term "PIP" it leads me to believe you are a resident of KY, which is a no-fault state, and utilizes PIP. If you do have PIP coverage, or the collision occurred in KY, you will have available a minimum of $10,000 PIP coverage to pay your related, necessary, reasonable medical bills and up to $200/ week lost earnings. You may wish to consult with an attorney who practices in both Ohio and KY so you get the maximum benefits under each state's laws. If KY PIP does apply, then your first $10,000 of medical expenses and/or lost wages will be paid by your own insurance company.

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Posted

Your PIP, if any, will have to come from your own policy under these circumstances. The other driver's PIP is only required to cover you if you are a pedestrian at the time you are hit. That is Kentucky Law - if Ohio or Indiana policies come into play that could change.

Give me a call and I'll discuss it with you in detail. Good luck!

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