A car accident can bring a certain degree of havoc into your life. Aside from possible damage to your vehicle, a car accident can leave you and your passengers with severe and life-altering injuries, including bone breakages, burns, cuts, lacerations, and amputation. That is where personal injury protection (PIP) insurance comes in.

Due to the increased uptick of road-related accidents, educating yourself on how to secure compensatory damages after sustaining injuries in a car accident is a wise idea. While you can secure your compensation through the at-fault party insurance provider, you could also qualify for compensatory damages from your insurer if you have a PIP policy.

That is true regardless of who is liable or at fault for the auto accident that caused your injuries. Here, you will learn everything you need to know about PIP insurance policy, including the process of filing a claim to receive compensation for injuries sustained in an accident.

How a PIP Policy Differs from a Bodily Injury Insurance Policy

Generally speaking, the main difference between a PIP policy and a bodily injury insurance policy is that the former is not fault-based, while the latter is fault-based. Also, a bodily injury insurance policy is a must-have for every motorist, but a PIP policy is optional. If you have sustained an injury due to the fault of another person, you can file a compensation claim against his/her liability insurance provider.

According to Nevada Revised Statute (NRS) 485.185, every motorist must maintain a minimum liability insurance of:

  • Up to $20,000 to cover the other party's property damage when you are at fault in an accident.
  • Up to $50,000 in bodily injuries if multiple people sustained injuries or died due to your fault or negligence.
  • Up to $20,000 for the death or injury of another person when you are at fault in an accident.

You are under no legal obligation to maintain another insurance coverage, like PIP, outside of the above minimum coverage. However, most motorists opt to maintain a PIP to cover their injuries and losses following an accident, especially in cases where they are at fault.

Also, since it is not a mandatory requirement, you do not have to have a limit on the amount of coverage you can purchase.

Who Has Coverage Under PIP Insurance Policy?

Generally, PIP insurance covers the policyholder. In addition to covering you for injuries and losses incurred after an auto accident with your vehicle, a PIP policy can also cover the injuries and losses you incur while walking, cycling, or riding in your friend's car. In addition to you, the PIP policyholder, and your coverage details, a PIP policy can also offer coverage to the following people after an auto accident:

  • Your household or family members.
  • Any person operating your vehicle under your permission.
  • Passengers you had onboard.

However, the issue of who can receive compensation under your PIP insurance policy could be complex if other auto insurance coverage options are at play. For example, that can happen if a household member or a passenger you had onboard when the accident occurred has his/her own PIP coverage. That is where the services of a seasoned attorney become vital.

A skilled defense attorney will work to ensure every person entitled to compensation under your PIP policy receives the compensation he/she deserves. He/she can help navigate the complex issues that may arise, including determining who can receive compensation under your PIP policy if other auto insurance coverage options are at play.

What Your PIP Policy Will Cover

A PIP policy can compensate you and other covered individuals for injuries and losses caused by an auto accident, regardless of who is at fault. If you have a PIP insurance policy, you should expect compensation for the following losses if everything works in your favor:

  1. Medical Expenses

Your PIP policy will cover all the medical costs you incur after sustaining injuries in an auto accident, including consultation, medical treatment, surgery, dental, vision, therapy, and medication costs. Therefore, keeping a journal of your medical expenses from the accident date is a wise idea to make it easy to calculate your claim's worth.

  1. Lost Wages

An auto accident could require you to take some time off work to recuperate due to the severity of the injuries sustained. If that is the case, you do not have to fret because you could qualify for compensation for the lost wages up to your PIP policy's limit.

Even if you are self-employed and have to hire temporary employees to help perform your duties, you can receive compensation for the financial loss incurred to maintain these workers.

  1. Funeral Expenses

When a loved one dies in a car accident, as a PIP policyholder of the vehicle involved, you should expect compensation for burial and funeral expenses, if necessary. Similarly, when you die in a car accident and hold a PIP insurance policy, your family members, including your spouse, parents, grandparents, and children, can file a claim against your insurer to receive damages for funeral expenses.

  1. Survivors Loss

In addition to receiving compensation for your funeral expenses, the surviving family members can file a claim to receive damages for loss of financial support when you, unfortunately, die in an accident. That is particularly true if your family members or dependents rely on your financial support to live a comfortable and healthy life.

  1. Essential Services

If your injuries prevent you from performing certain routine household chores, your PIP insurance policy could cover the cost you will incur hiring people to perform these chores.

The total amount you will receive as compensation for the above losses if your PIP claim is successful will depend on several factors, including:

  1. Your age.
  2. Your driving record.
  3. Your attorney's arguments and evidence.
  4. Your marital status.

Limitations of a PIP Insurance Policy

Unfortunately, a PIP insurance policy has limitations, meaning not all losses or people are eligible for compensation after an auto accident. For instance, your PIP insurance will not cover the following:

  • All your subjective or intangible losses resulting from the accident, including emotional distress, mental anguish, pain, and suffering.
  • Damage repair costs for your vehicle or that of the other involved party.
  • Any injuries sustained in an auto accident while committing a criminal offense, like driving under the influence (DUI) or fleeing a police officer.
  • Theft of your car.
  • Injury sustained by other drivers or passengers in their vehicles.

You must purchase a different insurance policy if you want protection from all these losses after an auto accident. Examples of other insurance policies you should consider purchasing to ensure you are fully protected and covered while on the road include:

  • Property damage liability insurance.
  • Bodily injury liability insurance.

What to Do After an Accident to Stand a Chance of Receiving Most Compensation From Your PIP Policy

Like any other injury-causing auto accident, what you do immediately after the incident could significantly impact your eligibility and the amount you could receive as compensation in an insurance claim.

If you are lucky to be alive after an auto accident, the steps you will take afterward are vital. The following tips can increase your odds of securing the maximum compensation possible for your losses from the at-fault insurer or your no-fault insurer after an auto accident:

  1. Seek Immediate Medical Attention

Even if you feel okay and have no physical injuries after an accident, seeking medical attention is important because symptoms of internal injuries could take time to reveal. Your doctor can perform examinations to determine whether you have internal injuries and offer the necessary medical treatment.

Aside from protecting your health and life, seeking medical attention immediately after an accident can help you prove to your no-fault or PIP insurer that your injuries are due to the accident. Your PIP insurance provider cannot cover costs unrelated to the insured vehicle, including sports-related or work-related injuries.

Remember to keep a journal of all your medical expenses from the accident date to help your attorney prove your PIP claim worth.

  1. Collect Names and Contact Details of Eyewitnesses

If you can talk to a few eyewitnesses after an accident, you should record their names and contact details because your PIP insurance provider could want to talk to them. Although the goal is not to assign blame or fault, the insurance adjusters would want to talk to them to determine whether the accident or collision actually occurred.

Eyewitness statements and testimonies could help convince your PIP insurance provider that you deserve the utmost compensation possible for your losses resulting from the accident.

  1. Capture Photos and Videos of the Accident Scene

Photos of your injuries and the vehicle involved can help the attorney prove to your PIP insurance provider that your injuries were due to an auto accident. These photos can also help prove the extent and severity of your injuries for the utmost compensation you deserve for your losses.

  1. Ask for a Copy of the Police's Accident Report

After an auto accident, the police will come to the accident scene to investigate the probable cause of the accident. Even if you have a no-fault insurance policy, requesting a copy of the police report can come in handy if you have to file a claim against the at-fault party insurer for the injuries and losses resulting from the accident, including property damage.

  1. Notify Your Insurer About the Accident

As part of your PIP insurance coverage agreement, you must inform your insurer about accidents as soon as they occur because there is a statute of limitations or deadline for filing a compensation claim. You can do so via their website or phone call with their representative. Failure to notify your insurer about the accident could decrease your odds of securing compensation on a PIP claim.

  1. Hire a Competent Attorney

Finally, you cannot overlook the benefits of retaining the services of an attorney after an auto accident, regardless of who is at fault. Considering how confusing and emotional the aftermath of an accident can be, you will rely on your attorney to help investigate the case and prepare your PIP claim.

If the accident was due to another person's negligence, your attorney can help you file a claim against his/her auto insurer and provide evidence to prove you deserve compensation. While not every injury case will require a judge's intervention, your attorney could file a lawsuit against the at-fault or negligent party insurer if settlement is not an option.

For all these reasons, you should consider hiring a competent and experienced attorney to stand a chance of securing compensation for your losses after an accident because insurance providers will not bow down to your demands without a blow. Ensure the attorney you choose to hire is:

  • Credible and Reputable.
  • Qualified and experienced.
  • Accessible and available.
  • Legally licensed.

How to File a PIP Claim

The process of filing a PIP claim is the same as that of filing a compensation claim against any other insurer. As long as you have a seasoned attorney, you can rest assured that he/she will handle every part of the PIP claim process, including accident case investigation, evidence compilation, and claim filing. Here is a step-by-step guide for filing a PIP claim after an accident:

  1. Prepare Your Documents and File Your Claim

Once you contact your PIP insurance provider after an accident, he/she will give you guidelines on how to submit your claim. Generally speaking, filing a PIP claim is a paper-intensive process, but you do not have to worry about this issue if you have an attorney. The attorney you choose can prepare your claim, attach all the necessary supporting evidence, and file your claim on time.

  1. Work With Your PIP Insurance Provider to Provide Proof of Your Injuries and Losses

Your PIP insurance provider will not automatically cover your losses from an auto accident because you are their customer. To secure maximum compensation for your injuries and losses resulting from an auto accident, you must prove to your no-fault insurer that you sustained injuries and losses due to that accident.

Your medical bill receipts and pictures of your injuries will come into play in this situation to help support your PIP claim for the utmost compensation you deserve for your losses.

  1. Know How You Can Secure Compensation if Your PIP Policy Fails to Cover all Your Costs

As previously mentioned, your PIP insurance policy has its limits. Therefore, you should know the steps you can take to secure compensation if your PIP insurance fails to cover all your costs resulting from the accident.

What to Do When You Exceed the Limit of Your PIP Insurance Policy

The total compensation you will receive from your PIP insurance claim will depend on the coverage purchased and the state's legal regulations. When the financial losses from your auto accident exceed your PIP coverage limit, you can secure damages for the extra amount by either filing a personal injury lawsuit or a third-party auto insurance claim.

While there is no assurance you will receive compensation for the remaining funds after filing a personal injury lawsuit or a third-party auto insurance claim, they are options worth considering after sustaining injuries in a car accident.

When you file a personal injury lawsuit, you must prove the other party was negligent to receive compensation for your injuries and losses resulting from the car accident. That means your attorney must be ready to provide clear evidence to prove the following facts:

  1. The Other Party Owed you a Duty of Care

Your relationship with the other party on the road will determine whether he/she owes you a duty of care under those circumstances. For example, every driver on the road has a legal responsibility to drive cautiously to prevent foreseeable accidents.

  1. The Other Party Breached His/Her Duty of Care

You breach your duty of care against another motorist when you fail to drive cautiously as a sober driver would under the same circumstances. If the other party (defendant) was drunk driving or distracted driving, your attorney can argue that he/she breached his/her duty of care, causing the accident.

  1. The Other Party's Negligence Conduct Caused Your Injuries

In a personal injury claim, it is not enough to argue that the defendant breached his/her duty of care, causing your accident. Your attorney must also satisfactorily prove that the defendant's negligent conduct led to your injuries to receive compensation for your losses.

  1. You Incurred Losses Due to Property Damage and Injuries Sustained

While you can sustain injuries in a car accident, this does not automatically mean that you will incur damages or financial losses. Your attorney should provide the court with evidence, like medical bill receipts and vehicle repair cost receipts, to show you incurred damages due to the injuries and property damage caused by your car accident.

Generally speaking, whether you will qualify for compensation after a car accident will depend on the aggressiveness and dedication of your attorney. That is true regardless of whether you have PIP insurance coverage or not. The benefit of having PIP insurance coverage as a motorist is that you do not have to prove fault or negligence when an accident occurs.

You will receive compensation for your losses resulting from the accident if you file your claim on time and provide all the necessary evidence to support the claim.

PIP Versus Medpay

Medical payments, also known as Medpay, is another optional auto insurance policy that could be helpful if you have sustained injuries and losses in a car accident. Like a PIP insurance policy, a Medpay insurance policy will cover injuries you and your passengers sustain in a car accident, regardless of who is liable.

Medpay can also cover your losses if you sustain injuries as a passenger in another person's vehicle or when you are hit by a car as a pedestrian. However, unlike a PIP policy, a Med Pay will not cover personal losses such as:

  • Rehabilitation costs.
  • Lost wages.

Another key difference is that you must reimburse any payments received through your Medpay insurance policy once you receive settlement or compensation from the at-fault party. The benefit of being a Med Pay insurance policyholder is that you will receive coverage for your medical expenses before you receive a settlement from the at-fault party.

While it has its limitations, like a PIP policy, purchasing Medpay insurance to add to your auto insurance policy can be beneficial in the long run.

Tips on How to Select the Proper Amount of PIP Insurance Coverage

When determining the proper amount of PIP insurance coverage you need to purchase to add to your auto insurance policy, you would want to consider the following factors:

Your Health Insurance

You should consider purchasing less PIP coverage if you have excellent health insurance. Doing that can help you save money if you are well-covered by your health insurance.

Whether You Have Life Insurance

Purchasing a PIP insurance policy is a wise idea, especially if you do not have life insurance. As mentioned above, when you die in an auto accident, your PIP policy can cover your funeral and burial costs and other financial benefits your surviving family members received from you.

The Amount of Lost Wages

If your job or work requires physical labor to stay running, can you afford to close your services temporarily as you recuperate after an auto accident or collision? If not, you should consider adding a PIP policy to your auto insurance or increasing its limits because it can cover your lost wages when an accident occurs, requiring you to take time off work.

Find a Car Accident Attorney Near Me

After an auto accident, it is important to seek compensation for all the injuries and losses caused. One of the ways you can secure compensation is by filing a PIP claim with your insurer. If everything works in your favor, a PIP claim can cover most of the losses associated with your car accident, including medical expenses and lost wages.

Our attorneys at Dallas Horton & Associates can offer you aggressive and result-oriented legal representation to receive the utmost compensation for your losses resulting from the accident. Call us at 702-820-5917 to schedule your first obligation-free appointment with our reputable car accident attorneys if you or a loved one sustained injuries in a car collision in Las Vegas.