Is it bad to overlap two PIP claims?

Two PIPs can be a very good place to be. Was the second car accident reported to the police? In a PIP claim you need to fill out a PIP application and swear to the facts in your case. Where you injured in the second car crash? There may need to be an apportionment between each car crash on which PIP claim pays. Typically, the more PIP the better.

If you were not injured then you would not need another PIP claim. According to your question, this was an "almost-collision" so I assume that there was no contact with your car and, therefore minimal or no injury to you.

Legal disclaimer: The comments above by Dale Larrimore, Esq. are provided as general information and not as a legal opinion or legal advice, because all facts are not available. The person requesting information and all others reading the answer should retain an attorney in your state who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Dale Larrimore, Esq., of Larrimore & Farnish, LLP, does not create an attorney/client relationship within any state or under Federal law.

If you were injured in the second accident, you should open a separate PIP claim.

In addition, if you are not represented for either claim, your best bet to obtain the maximum injury settlement amount in these cases is to consult immediately with a personal injury attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do and then also complete all medical treatment necessary for any injuries you received. The attorney will also investigate any liability issue and check for all available coverages to ensure you have the maximum amount of coverages available to you. You may have some other coverages besides PIP on your own auto policy as well that can assist you. You can use the "Find a Lawyer" link at the top of this page for the names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.

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Good luck!

It is unclear from your facts as to whether you were injured in this second MVA. You say “almost-collision.” Was there a collision?

PIP coverage pays when you are injured. If you were injured in the first MVA but not in the second MVA, you could potentially jeopardize your liability claims against the at-fault in the first MVA.

In summary, make the claim IF you suffered a new injury or aggravated your prior injury. If not, then don’t.

None of the communication contained in this post shall be construed as legal advise.

I’m so sorry to hear that you were injured in these two car accidents. I hope you are doing ok. You should definitely open up a second PIP. The two car accidents overlapping does make things more complicated but having two PIPs is good because it increases the amount of money for your injury treatment and it will not close your first PIP. Your insurance company will have a hard time differentiating your injuries to each car accident so they cannot close the first PIP by you opening a second, especially if you are still receiving treatment for the first accident.

It sounds like you should also open up a UM (uninsured motorist) claim for the second accident. This is insurance you may have under your policy that will act as if the other person has insurance coverage and allow you to receive compensation for pain and suffering and lost wages.

This is a complicated process and I would recommend hiring a personal injury lawyer to help you out for these two cases. Personal injury lawyers are paid out of the settlement so you owe nothing up front and anyone can afford to hire one. Consultations are free and anyone licensed in the state of Washington can help you out. Most cases settle outside of court so you might not need to go to trial.

I hope you feel better soon!

***LEGAL DISCLAIMER*** My response to any questions or comments is not legal advice and it does not establish an attorney-client relationship, only a fee agreement signed between myself and you can do that. My replies are comments based on a very short scenario that does not include all of the facts. Avvo is not a safe place to discuss facts of your case, admit any fact, or try to explain your side of the story; it will be used against you.