Auto Insurance Claims: PERSONAL INJURY PROTECTION, PERSONAL INJURY PROTECTION


Question
I WAS RUN OVER LAST SEPTEMBER 2009. BROKEN BACK ,PELVIC,FRACTURED ARE. GIRL HAD BASIC LIAIBILTY IN NY. MY POLICY IS WRITTEN FOR PIP 10.000 PER ACCIDENT. NO FAULT PAYING EXPENSES FOR INJURY AND TREATMENT. CAN I SUE MY COMPANY UNDER THE PIP COVERAGE FOR THE 10.000

Answer
Hello Diane,

Well, most likely not, however, you really need to talk to a NJ attorney. Most states will simply rule that you were compensated for your damages and thus, no loss to you existed. See, if the PIP pays, the PIP has rights of subrogation (in most states - which is why you need to check) against the party who hit you.

However, subrogation requires payment and since they did not pay, they may be off the hook. Please see: http://www.auto-insurance-claim-advice.com/Subrogation-of-Rights.html

I hope this helps,
Talk to a lawyer

Good Luck
Anne
http://www.quirogalawoffice.com/
http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html