Discussing Personal Injury Protection (PIP)

In the past weeks, we have discussed several facets of personal medical insurance coverage and liabilities, including medical payments coverage, personal umbrella policies, and personal injury protection. We mentioned that Indiana is a tort state, so additional insurance policies like the aforesaid are not mandatory by law. Nonetheless, they are wise insurance policies to purchase. Continue reading to learn more about personal injury protection (PIP) and how it relates to auto accident insurance coverage.

Call 317-881-2700 to Speak With a Personal Injury Lawyer in Indianapolis Indiana
Call 317-881-2700 to Speak With a Personal Injury Lawyer in Indianapolis Indiana

PIP Insurance Coverage

Personal injury protection insurance is a type of medical payments coverage for drivers and passengers who are injured in a motor vehicle accident. Under this policy, all or a portion of medical expenses and hospital bills (driver and passengers) are paid for no matter who is to blame for an auto accident. No-fault accident states require this type of insurance coverage, but Indiana is not a no-fault state, it is a tort state. For this reason, Hoosiers are not obligated by law to obtain PIP coverage to legally operate a vehicle.

Although most Indiana car insurance policies have a degree of medical expense coverage, and some medical insurance policies cover auto accident injuries, many drivers can benefit from additional coverage by purchasing a PIP plan. If medical expenses exceed insurance coverage limits, a person must pay out-of-pocket for the remaining bill. With a PIP plan, these superlative expenses are covered for both the driver and their passengers.

Conclusion

PIP plans can vary in deductibles, pay limits, and coverage. Depending on the state you live in and the type of coverage you choose, your policies details may vary from another’s. Personal injury protection insurance can cover medical and hospital bills, disability benefits, lost wages, and in some cases, even death benefits. Call your medical insurance carrier to inquire more about PIP coverage options in your state.

Injured in an Auto Accident?

If you were recently injured in a motor vehicle accident that was no fault of your own, contact a car accident attorney for information about your legal rights. You may be entitled to certain compensation for your damages and losses.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about car accident injury claims in Indianapolis, Indiana. Personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are happy to answer your questions about filing a car accident injury claim in Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Indiana is a Tort State in Terms of Auto Accidents and Insurance Coverages

Car Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

Many states are “no-fault” states, meaning drivers that are involved in auto accidents use their own insurance coverage to pay for their damages and losses, no matter who is at-fault for the collision. But Indiana is NOT one of those states. Hoosiers live in a “fault” state, or tort-system state, meaning someone has to be found “at-fault” for the accident. In fact, Indiana uses comparative fault law to determine exactly who is at fault for an accident, and to what degree.

Continue reading to learn more about Indiana’s tort system in regards to auto accidents and insurance policies.

Indiana’s Tort System

In Indiana, they use a tort system that determines who is at fault for a motor vehicle accident. And when a person is assigned fault for an auto accident, it is their insurance company that pays for their damages and the damages of the injured parties, up to their particular policy limits. There are state limits to the amount of insurance a driver must obtain to legally operate a vehicle. In Indiana, the state minimum for auto insurance is 25/50/10. Below is a chart to understand what this numeric value means.

$25,000 Limit for Bodily Injury Liability (per injured person)

$50,000 Limit for Bodily Injury Liability (per accident)

$10,000 Limit for Property Damage Coverage

These values are the state minimum for legal driving in Indiana. If a driver does not have this coverage they are operating their vehicle illegally, and if caught, can face state fines, property revocations, and possible misdemeanor charges.

Comparative Fault

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

Indiana handles automobile accident cases in agreement with the Comparative Fault Act. This means fault is allocated among all involved parties. Parties include the plaintiff (injured driver), the defendant (the accused at-fault driver), and possible “non-party” entities. A non-party entity is a person or company that could be assigned a portion of fault for the accident, but for strategic reasons, was not sued by the plaintiff.

In the case of a motor vehicle accident lawsuit, all parties are identified and then assigned fault. So long as the plaintiff is assigned 50% or less of the fault, they can collect remuneration for their damages. If they are found to be more than 50% at fault, they get nothing. For example: A person is assigned 25% fault, while the defendant is found to be at 75% fault. If the courts award the plaintiff $100,000 for their damages, the plaintiff will only take 75% of that amount since they were apportioned 25% of the fault for the accident. Had the plaintiff been apportioned 51% or more of the fault, they would be compensated nothing.

Additional Insurance Coverage

In the no-fault states, drivers are required to have PIP coverage or MedPay coverage; insurance policies that cover the medical expenses of a driver and their passengers injured in an auto accident. Since Indiana is a tort state, so drivers are not required to purchase this type of additional insurance coverage. However, they do have the option and they come highly recommended. Indiana drivers can purchase PIP (personal injury protection) coverage or medical payments coverage (MedPay) if they choose. Hoosiers can also purchase a personal umbrella policy (PUP) that pays for any damages outside of their auto or homeowners’ policies. Be sure to check back next week for an in-depth discussion about PIP and PUP insurance.

Indianapolis Auto Accident Attorneys

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 after being injured in an auto accident in Indianapolis, Indiana. Indianapolis auto accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek will recover the full and fair compensation you deserve after sustaining a serious injury resulting from a car accident that was not your fault. We offer free initial consultations to discuss your claim, and never charge lawyer fees unless we recover compensation for your losses. Call 317-881-2700 to file a car accident injury claim in Indianapolis, IN today.

What is MedPay?

Every driver needs to have car insurance. But car insurance only covers damages to vehicles, not people. Fortunately, there is an additional type of coverage you can purchase to protect yourself and your passengers. It is called medical payments coverage, or MedPay insurance for short. It is a form of insurance coverage for “Medical Payments to Others”, rather than vehicles. In the case of an auto-related or motor vehicle accident, whether your fault or not, med pay insurance will cover the medical expenses of yourself and your passengers if injured as a result of the accident. Continue reading to learn more about MedPay, how it works, and where to obtain such insurance coverage.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Medical Payments Insurance

Any medical costs that results from an auto-related or motor vehicle accident will be paid for by a medical payments insurance policy. It pays for and protects your passengers and yourself, but it does not cover medical expenses for the people in any other vehicles involved. That would require third-party insurance coverage. Medical payments coverage is usually set at a maximum limit of $25,000. All medical costs that exceed a MedPay policy’s limit has to be paid out of pocket, by health insurance, or third-party insurance.

There is a lot of confusion when it comes to understanding MedPay coverage. Many assume it is a type of health insurance, but it is only meant to cover injuries caused by auto-related accidents, and again, only has a $25,000 payout limit. Also, health insurance will only cover your injuries, not the injuries of your passengers. Instead, med pay is more like PIP, or Personal Injury Protection. Although both types of insurance are similar, MedPay differs from PIP because it only covers medical expenses, not lost wages or other damages, like PIP coverage does. We will further discuss PIP coverage in next week’s blog, so stayed tuned!

It is strongly encouraged to purchase MedPay insurance for anyone who regularly carpools as well as, for adolescent drivers. It is a lucrative expense that is well-worth it in the end. Also, medical payments insurance has to be purchased for every single vehicle owned, including motorcycles. So if you only have MedPay insurance for your Jeep, but an accident occurs while driving your Honda, you will not be covered by your MedPay policy. You need to insure all vehicles to be fully-covered. Start by calling your own car insurance provider to inquire about MedPay, but be sure to also shop around for the bet rates. For an affordable cost, you and your passenger’s medical expenses can be covered if ever seriously injured in a motor vehicle accident in your vehicle.

If you or a loved one has been seriously injured in a car accident, contact a licensed personal injury lawyer right away to learn your rights and recover the full and fair compensation you are owed.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury car accident claims in Indianapolis, Indiana. Attorneys Keith Blazek, Ralph Hoover, and Daniel Craven have extensive trial and litigation experience in Indiana, and will work hard to recover the compensation you deserve after being seriously injured in a motor vehicle accident. We offer free initial consultations and never collect lawyer fees unless we get you money! Call 317-881-2700 to find a reputable and experienced car accident attorney in Indianapolis, IN and its surrounding counties.

What is a Reservations of Rights Letter?

Once a personal injury victim files a claim with or against an insurance company, the first document they will send to the insurance adjuster is called a demand letter. The first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. Continue reading to learn what this letter is and how it is used in personal injury litigation.

Reservations of Rights

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

When victims receive a reservations of rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents. Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A reservations of rights letter simply conveys to the claimant that the insurance provider “reserves the right” to not pay for anything if the accident is not covered under their policy. It also informs the claimant that they are still going to investigate the case to determine liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy. Most often, this letter is meant to slightly intimidate claimants, in hopes that they decide to take a quicker and lower settlement and avoid going to trial.

Personal injury victims or claimants needn’t be nervous about a reservations of rights letter. They still have an obligation to investigate a claim and provide terms of settlement if the accident and injuries are covered under policy. Keep in mind that insurance companies fervently attempt to pay out the lowest possible compensation to victims, which is why it is important to hire a licensed personal injury attorney for aggressive and effective representation. They can recover the full and fair compensation a victim or their families deserve.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned accident lawyers with extensive trial and litigation experience. They offer free initial consultations and never collect attorney fees unless they prevail for you. Call 317-881-2700 and schedule a consultation to discuss your accident with a licensed personal injury lawyer in Indianapolis, IN.