A common misconception following a car crash is to immediately take legal action against the at-fault driver. Personal Injury Protection, better known as PIP, is “no-fault” coverage and required in most states. No fault coverage means that regardless of which driver was at fault, medical expenses and lost wages for all occupants in your car may be covered by insurance.
PIP coverage pays medical expenses that are reasonable, necessary and casually related to the accident as well as net loss of earnings. PIP may also pay substitute services, such as lawn care and household upkeep. Personal Injury Protection has limits and can be exhausted in the early phases of medical treatment due to costly hospital bills, examinations, procedures, and imaging.
Bodily Injury Liability insurance is the at-fault driver’s coverage (primary is the vehicle he/she is operating, secondary would be his/her car insurance) for anyone he or she injured in the accident. This is considered “third-party” insurance since it covers those injured by the at-fault driver. These claims include pain and suffering, loss of enjoyment of life, and medical bills and lost wages that are not, PIP eligible.
To ensure your claims are preserved, document and keep record of photos of the accident scene, photos of injuries you sustain, records of medical examinations, bills from providers, receipts of related expenses, and proof of lost wages.
Review your insurance limits located on your declarations page with your insurance company so you know your policy limits. The attorneys at Kimmel Carter played a major role in raising the minimum limits of bodily injury and uninsured/underinsured coverage in Delaware. Click here to read more about the recent increases in liability bodily injury and uninsured/underinsured motorist benefits. If you have been involved in a crash resulting in injuries, contact an attorney at Kimmel Carter to understand your options.
