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How Do My Own PIP Benefits Work if I Am in An Accident Caused by Someone Else’s Negligence?

How Do My Own PIP Benefits Work if I Am in An Accident Caused by Someone Else’s Negligence? Can I Still Sue Someone Else that Caused the Motor Vehicle Accident in Which I Was Injured in Virginia?

If you are involved in a Virginia motor vehicle accident, then you may be surprised to know that not only does the insurance policy of the other driver potentially come into play if he or she was negligent in causing the accident, but your own policy’s PIP (personal injury protection) benefits may also come into play as well. PIP benefits are a coverage that is not required by law for Virginia motorists, but often can be good to have to ensure that your full damages as a result of a motor vehicle accident are taken care of. For example, because Virginia does not require that motorists carry automobile liability insurance, you may find yourself in an accident with a driver who has no insurance, in which case having PIP coverage would be a benefit for you. However, even if you do find yourself in this situation, the experienced personal injury attorneys of Kalfus & Nachman have represented many clients who were involved in motor vehicle accidents caused by drivers who were not insured and we have still found ways to successfully obtain recoveries for our clients.

What Are PIP Benefits? What Do They Cover? Are They Required in Virginia?

PIP benefits are an add-on insurance coverage that provides a limited set of benefits for purposes of motor vehicle accidents. The benefit of carrying PIP is that your benefits will get paid no matter who was at fault in causing a particular motor vehicle accident. Pursuant to Virginia law, PIP benefits cover $2,000 in coverage for the cost of medical treatment associated with injuries suffered in a motor vehicle accident as well up to $100 per day in lost wages associated with work you had to miss due to injuries suffered in a motor vehicle accident.

Some states require that every motorist carry PIP benefits, but Virginia is not one of those jurisdictions. Indeed, under Virginia law, motorists are not even required to carry motor vehicle liability insurance if they pay a required $500 uninsured motor vehicle fee to the Virginia Department of Motor Vehicles. Therefore, the decision as to whether or not to carry PIP benefits is purely voluntary in Virginia. Nevertheless, it can be an excellent decision given that PIP benefits apply regardless of whether you were at fault in causing an accident or not and also protect you in the event that another driver causes an accident and that driver either has chosen not to carry insurance or else is carry insufficient insurance to cover your injuries or other damages suffered in an accident caused by someone else.

Can I Still Sue The Driver That Injured Me Due to His Negligence in Causing the Accident Even if I Have PIP Benefits?

The short answer is yes. Making the voluntary choice to carry PIP benefits does not take away the right of someone who was injured as a result of another motorist’s negligence to seek compensation from the negligent driver or that driver’s insurer for the victim’s injuries, economic damages like car repair bills, lost wages or out of pocket medical costs, and damages for the victim’s pain and suffering as a result of the motor vehicle accident. Therefore, even if you have made the voluntary choice to carry PIP benefits, this has no bearing on your right under Virginia law to seek compensation for the injuries that someone else’s negligence caused you.

Contact an Experienced Virginia Personal Injury Attorneys at Kalfus & Nachman

At Kalfus & Nachman, our experienced Virginia personal injury attorneys have recovered millions in compensation for our clients who have been injured due to someone else’s negligence. We have represented numerous victims who were injured by drivers who were either uninsured or underinsured for the damages and injuries they caused to our clients. We know how to handle situations where it may appear as if there is not sufficient insurance coverage to fully compensate you for your damages caused by someone else’s negligence, but our experience and creativity have enabled us to learn how to leave no stone unturned in seeking to ensure our clients receive full compensation for their damages and injuries caused as a result of someone else’s negligence.

Therefore, if you live in the Norfolk, Hampton, Newport News, Portsmouth, Virginia Beach or Roanoke, Virginia, areas and have been injured as a result of someone else’s negligence in a motor vehicle accident or in any other scenario, then please contact Kalfus & Nachman PC by phone today at (855) 880-8163 or through the form on this page to schedule a free consultation regarding your particular situation.

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