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. Reliable legal advice comes from an attorney licensed in your state who has all the necessary information and time to form an opinion, and that usually requires an in-person consultation, which you can often obtain for free with no obligation. Don't be shy - attorneys are people, too - call one.
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.
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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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. Please consider retaining legal counsel if you remain uncertain about your rights.
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