Personal Injury Protection (PIP) is a form of auto insurance that is required in some states. It generally covers medical care, lost income, and in the event of death, funeral expenses. States designed PIP policies to help those in an accident receive immediate care.
Delaware:
Delaware Personal Injury Protection insurance covers all passengers within your car, and will even extend to cover pedestrians or bicyclists involved in a motor accident. The other vehicle’s passengers receive PIP coverage from the driver’s insurance policy. PIP will cover all medical expenses, lost wages, and other costs related to your injuries for up to two years following the accident, or until you exceed your coverage limits. The minimum requirement in Delaware is $15,000 per person, $30,000 for all parties involved, and $5,000 in funeral expenses.
The medical expenses covered by PIP in Delaware include hospitalization, dental treatment, surgery, X-rays, ambulance transportation, prosthetics, and rehabilitation. Delaware PIP will also cover other miscellaneous related expenses, such as home and child care. Delaware does not limit your ability to sue the at-fault party for compensation. However, you cannot sue for the reimbursement of expenses covered by PIP.
Florida:
Personal Injury Protection (PIP) insurance in Florida can extend to other parties, besides the policyholder. If you opt to cover more than the policyholder, PIP can cover drivers of the insured vehicle having permission, all passengers, pedestrians, bicyclists, and moped operators. However, motorcyclists and motorcycle passengers are not insured by the same policy.
PIP covers the following medical services: medical care, medication (excluding acupuncture), surgical services, hospital expenses, rehab costs, diagnostic services, and ambulatory services. Florida PIP covers 80% of medical costs unless you are not seeking emergency treatment, and your injuries exceed a cap of $2,500. Then these expenses may be covered by your health insurance if your policy covers car accident injuries.
If you are disabled in the accident, Florida PIP covers 60% of your lost wages subject to a $10,000 limit. In the event of death, PIP provides $5,000 to the next of kin to cover funeral expenses.
You must submit your PIP claims within 2 weeks of the accident, otherwise, your claim won’t be accepted. Insurance companies investigate all claims. The insurance agent has 60 days to investigate your claim. However, they must award money within 30 days regardless of suspicion.
By having permanent or severely disfiguring injuries, medical expenses exceeding $10,000, or the death of a passenger, you qualify to pursue a personal injury claim. If you pursue a claim for expenses exceeding $10,000, you are only allowed to file a claim for the difference between the coverage and the remaining fees.
Hawaii:
Hawaii is a no-fault state requiring that your own auto insurance covers personal injury costs up to the policy limits. This “no-fault” status prevents either party from pursuing legal action unless serious injuries resulted from the accident. The at-fault driver ‘s insurance covers property/vehicle damages. PIP coverage includes only economic damages.
The minimum requirements for auto insurance policies in Hawaii are $10,000 per person for paying medical and rehabilitative costs. If you are at-fault for the accident, your mandatory coverages include a $20,000 per person, $40,000 per accident in Bodily Injury Liability, and a $10,000 in Property Damage Liability.
Optional coverage that you can add to your policy includes Uninsured and Underinsured Motorist coverages, Wage Loss, Death Benefits and Funeral Benefits. Death benefits cover $25,000-$100,000 depending upon the plan and funeral benefits have a $2,000 limit. In order to exclude uninsured and underinsured motorist coverage from your policy, you must decline coverage in writing. The minimums for Hawaii are $20,000 for uninsured and underinsured motorist coverage.
In order to pursue a personal injury claim or receive compensation for pain and suffering one of two conditions must be met: your injuries exceed the limits of your PIP policy coverage, or your injuries cause significant permanent loss of mobility, or permanent disfigurement resulting in mental or emotional distress. If you are responsible for causing the car accident and the injured plaintiff is able to step outside of the no-fault system to file a lawsuit against you, you need to have enough liability coverage. Otherwise, you may be personally responsible for their losses.
Kansas:
PIP claims must be made within two years of an accident in the state of Kansas. These claims may cover $4,500 for surgery, x-rays, dental care, prosthetic devices, and psychological care. An additional $4,500 covers psychiatric services, occupational therapy, and vocational training. These limits define the minimums for policy coverage. The limits for your policy depend upon your plan but can amount up to $32,000.
If you’re injured in a car accident and are unable to work, PIP covers lost income. You will generally receive 85% of your lost salary. Lost wage coverage is limited to $900 per month with a time restriction of one year. PIP will also cover up to $25 per day for household chores.
Death benefits include coverage of funeral services such as cremation and burial up to $2,000. A surviving spouse or dependent child will be eligible for survivor’s benefits. These benefits match the lost income benefits for one year following the death of the insured person.
Kentucky:
PIP coverage is mandatory for all vehicles except motorcycles. Auto insurance plans include a minimum of $10,000 for PIP but you may purchase further coverage up to $50,000 with higher premium rates. However, if you purchase higher PIP coverage, your ability to legally pursue the other driver becomes limited. The minimum liability insurance requires $25,000 per person, $50,000 per accident, $10,000 in property damage liability coverage, and includes out of state coverage.
Kentucky PIP does not cover work-related injuries, however, it does cover drivers, passengers, pedestrians, and bicyclists. PIP covers lost wages if you are unable to work due to personal injuries. Lost wages coverage includes 85% of your salary with a maximum of $200 per week.
If you have PIP coverage, you cannot sue the at-fault driver for the first $10,000 of medical expenses. Additionally, you can’t file further claims for personal injury unless your medical bills exceed $1,000, you have permanent disfigurement, permanent injury, death of a passenger, or permanent loss of bodily function.
Massachusetts:
In Massachusetts, before you are eligible for PIP, you must first pay your health insurance deductible. You may receive the difference of your deductible and the $8,000 PIP coverage limit. Lost wage benefits will cover 75% of your salary if you lose your job due to injuries until you reach the $8,000 maximum. If you do not have health insurance, your PIP coverage will not exceed $2,000.
In order to pursue the other driver for compensation, the other driver must be more than 50% at fault and you must meet one of the following conditions: severe disfigurement, permanent disability, or expenses over $20,000.
Michigan:
Michigan requires that all drivers in the state carry $1,000,000 in PIP policy coverage. PIP includes medical costs such as medical services, medication, surgical services, hospital expenses, rehab costs, diagnostic services, and ambulatory services.
Wage loss benefits will pay 85% of your normal salary with a maximum of $5,398 per week. The wage loss benefits come with a $300 deductible. You may also receive up to $20 per day for services you can no longer perform, such as home maintenance.
In case of death, the dependents of the deceased are entitled to wage loss benefits, with the same limits. The death benefits cover funeral costs starting at $1,750 with a maximum of $5,000.
Your health insurance may help cover the costs of your injuries in an auto accident. However, Medicare and Medicaid do not qualify as they do not cover injuries from car accidents.
Minnesota:
Personal Injury Protection insurance will cover the cost of your injuries sustained in a car accident regardless of fault. However, in Minnesota, PIP does not offer compensation for pain and suffering. The driver at-fault will cover property damages through their insurance policy. The minimum coverage required for PIP in the state of Minnesota is $40,000 per person, per accident. PIP covers medical expenses and nonmedical expenses such as wage loss, and death benefits.
The covered medical expenses include medical services, surgery, medication, dental services, chiropractic services, rehabilitation, prosthetics, transportation to medical appointments, and hospital stays.
The coverage for lost income includes up to 85% of your monthly salary capping at $500 a week, or $2,000 per month until you hit your policy limit. If you begin working again, what you earn will be subtracted from the payout you receive from your PIP policy.
In the case of death, your PIP policy will cover funeral and burial costs up to $5,000. Any dependents may receive benefits, up to $500 dollars per week.
New Jersey:
In the state of New Jersey, Personal Injury Protection and health insurance overlap. It is to your discretion to decide which you use. The premiums for health insurance may come at a higher rate than PIP. PIP covers medical costs, lost income, extra services, and funeral costs. The minimum coverage available in New Jersey is $15,000. Unless you have suffered an extreme brain or spinal injury. In this case, your PIP limit may increase until you reach stabilization. New Jersey has a standard $750 deductible, which may increase or decrease depending on the severity of your injuries.
The covered medical costs include medical expenses, medication, surgery, rehab, diagnostic services (such as X-rays), and ambulatory services.
You may be entitled to receive anywhere from $100-$5,200 per week, for lost income, depending on the policy limits. However, you cannot receive more PIP payout than your regular salary prior to the accident.
PIP will also cover the costs for relevant assisting services, such as home maintenance. However, these costs will be subtracted from the payout you receive from your lost income coverage.
In the case of death, if the deceased was the main provider for their family, their next of kin will be entitled to a maximum payout of lost income. Surviving relatives must be able to provide evidence of death. The minimum PIP policy covers up to $1,000 for funeral expenses.
Additional Coverage Options
A full tort plan allows you to sue the other driver if they are at fault for medical compensation, as well as pain and suffering. However, this option costs about $300 more than the limited tort option per year. A limited tort plan still allows you to sue the other driver if they are at fault, but only for medical expenses. You cannot sue for pain and suffering unless you have suffered an incredibly severe injury such as disfigurement, loss of body parts, fetus termination, or permanent injury.
New York:
New York Personal Injury Protection insurance covers medical costs, wage losses, and offers certain death benefits. Under a no-fault policy, you have coverage regardless of fault. PIP will also cover any injuries sustained in an auto-pedestrian accident for accidents involving MTA subways, trains, and buses. The minimum amount of PIP you can purchase in the state of New York is $50,000. With the stipulation that receiving any benefits from Workers Compensation, Social Security Disability, or New York State Disability, PIP benefits will be reduced by whatever amount is received from these plans.
Medical cost coverage includes medical services, dental services, expenses incurred from the hospital, surgery, psychiatrics, physical rehabilitation, diagnostic services (like X-rays), and ambulatory services.
The coverage for wage losses includes compensation up to $2,000 a month, or up to 80% of your typical monthly income, whichever is less, for up to three years following the accident or until your policy limit is reached. New York PIP entitles you to $25 per day to cover the costs of assisting services like home maintenance.
Death benefits cover a maximum of $2,000 to help pay for funeral and burial costs.
North Dakota:
Personal Injury Protection insurance in North Dakota extends past the policyholder to include their spouse, any live-in relatives, and anyone who is driving the policy holder’s vehicle with permission. Regardless of fault, PIP coverage will apply. The minimum PIP coverage is $30,000 per person in an accident. However, if the injured parties’ expenses exceed the limits of their PIP coverage, the at-fault party may be responsible for making up the difference.
North Dakota requires all drivers to have Bodily Injury Liability Insurance of $25,000 per person, and $50,000 per accident, Property Damage Liability Insurance totaling $25,000 per accident, Uninsured Motorist Coverage of $25,000 per person and $50,000 per accident, and Underinsured Motorist Coverage.
PIP coverage in North Dakota will cover any personal injuries sustained as a result of the accident, as well as cover medical costs, and lost wages. However, you cannot receive compensation for pain and suffering.
There are limitations to your right to sue the at-fault driver. In order to file a claim, you must meet at least one of the following: your necessary medical expenses exceed $2,500 or you have suffered serious and permanent disfigurement or disability that has lasted more than 60 days.
Oregon:
In the state of Oregon, Personal Injury Protection is mandatory for all vehicle drivers except motorcyclists. Each insurance policy must provide at least $15,000 of coverage per person. You can purchase a policy with higher limits of up to $100,000 per person. The maximum deductible in Oregon is $250. Regardless of fault, PIP pays for medical expenses, lost income, and funeral expenses. You must submit your PIP claims through your own insurance.
Medical expenses include X-rays, surgery, dental treatments and your transportation costs for necessary trips to the hospital or doctor’s office. If you opt for the transportation coverage, you must provide detailed mileage documentation to your insurance company.
If you are unable to work due to injuries for 14 consecutive days, you are eligible for lost income benefits. These benefits will cover 70% of your salary, capping at $3,000 per month. Oregon PIP covers assisting services, like home maintenance, totaling $30 per day. If you are hospitalized and need child care, PIP may cover these fees, at $25 per day with a limit of $750 total. If a death occurs in the accident, PIP will cover funeral expenses up to $5,000.
Pursuing a personal injury claim requires that you have economic expenses (medical bills, vehicle damage) exceeding $25,000 and noneconomic expenses (pain and suffering, disability, disfigurement, etc.) exceeding $50,000.
Pennsylvania:
Pennsylvania PIP covers medical expenses, lost wages, and funeral expenses, regardless of fault. Medical costs, Economic costs, funeral Benefits, and Death benefits must be purchased separately in Pennsylvania. However, everyone must carry a minimum of $5,000 PIP coverage per person per accident. PIP does not apply to recreational vehicles, such as ATVs and motorcycles. In these cases, file medical coverage claims with your health insurance. If your expenses exceed PIP coverage, you may rely on your health insurance. The at-fault driver will be responsible for property damage. You may sue the at-fault driver if you sustain severe injuries such as disfigurement, or permanent disability.
If purchased, the medical expenses covered with PIP include hospital services, dental services, surgical services, psychiatric and physical rehabilitative costs, diagnostic services, and ambulatory services. If you include work loss benefits in your policy, you will be entitled to 80% of your weekly earnings until you reach your policy limit. PIP may also award a reasonable amount of coverage usually between $12-$30 for household services like cleaning and laundry, that you are no longer able to do.
In the event of the death of the policyholder, the next of kin would receive the full amount of the limits the holder purchased. The limits can be anywhere from $5,000-$25,000. However, the next of kin must file this claim within 24 months of the accident.
Utah:
Utah Personal Injury Protection insurance covers all passengers in a vehicle (including the driver), pedestrians and bicyclists regardless of fault. The minimum PIP plan includes $3,000 of medical expenses per person. Medical costs may include ambulance transport, rehabilitation expenses, hospital costs, dental services, and X-rays. In death benefits, Utah PIP covers at minimum $3,000 to the heirs of the deceased, and $1,500 in burial costs per deceased person which includes cremation, funeral, and burial.
If you are able to provide evidence that you are incapable of working due to personal injury, PIP will cover 85% of lost income or $250 a week, depending on which is lower for up to 52 weeks. PIP will also cover any assisting services such as home and child care up to $20 a day for up to 365 days. You may need a doctor’s note to prove you are unable to work, and unable to perform these miscellaneous duties yourself.
You are at liberty to seek compensation if the other driver is at fault and if you meet Utah state’s tort threshold. To surpass the threshold, you must meet one of the following criteria: the death of a passenger, loss of limb, permanent disability or impairment, permanent disfigurement, or your medical expenses exceed $3,000.
You may sue for special damages like lost income and medical expenses if the at-fault party wasn’t insured, or your necessary expenses total more than $3,000. In this case, you don’t have to exceed the tort threshold.
Were you or someone you know involved in a recent auto accident? Call Auto Accident Care Network now at 801-683-1948 to connect with a live care advocate. Our team at AACN can connect you to trusted attorneys and doctors to schedule a free legal consultation, a free thirty-minute massage, and a no-cost medical exam!
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