Personal Injury Protection (PIP) Law
Who Is Covered Under PIP?
First, your injury must stem from the use of an automobile: either you are injured in, or injured by the use of automobile. Thus, if you are a passenger or driver of an automobile, you are covered. Likewise, if you are a pedestrian or are riding a bike and are struck by an automobile, you are also covered. The key here, as stated, is that the use of automobile caused and or directly contributed to your injury.
Who is covered under PIP? The authorized operator, passenger and occupants of the automobile, anyone struck by the automobile, and all household members of the insured’s household. The conditions to this coverage are that none of the above individuals are covered under Worker’s Compensation (i.e., you were not within the course and scope of your employment when injured); and, you had permission to use and/or be in the vehicle at the time the injury occurred.
Who is Not Covered Under PIP?
Please be advised that insurers may exclude a person from personal injury protection benefits if that person’s conduct contributed to their injury in any of the following ways while operating a motor vehicle in Massachusetts: 1) you were under the influence of alcohol or a narcotic drug; 2) you were committing a felony or seeking to avoid lawful apprehension or arrest by a police officer; or 3) you were injured when you had the specific intent of causing injury or damage to yourself or others.
What PIP Covers
What does PIP include, or in other words, what will it pay for? Many people are surprised to know that PIP is available to pay for more than just the reasonable and necessary medical care related to injuries received in the automobile accident. In fact, PIP will also pay for all reasonable expenses incurred within two years from the date of accident for necessary dental services, including prosthetic devices and necessary ambulance, hospital, professional nursing and funeral services. PIP will also pay 75% of lost wages, in the case of persons employed or self-employed at the time of the accident, but you must provide a disability note from your treating provider and proof of loss of income.
Let the personal injury attorneys at Burns & Jain guide you through obtaining all the benefits you are rightfully entitled to if you are injured in an automobile accident.