If you live in a no-fault state and have personal injury protection, and you are rear-ended and injured, does?

Suwanee Personal Injury Lawyer

Your PIP pays you and all occupants for medical expenses, lost wages(usually only a percentage), and replacement services. This coverage is available and pays regardless of fault. That is where the term No-Fault comes into play. Once you have stopped treating, or your policy limits are exhausted, your insurance company will subrogate to recover what was paid out. They will not be reimbursed until all Bodily Injury claims are resolved.

Depending on what state the loss occurred in, determines whether or not you are entitled to any monetary compensation. The threshold requirements vary. Some are verbal, some are monetary and in others your injury must be serious. The definition of serious also varies. If you meet the threshold requirements, you can file a claim for pain and suffering against the at fault party’s liability coverage.

For example, in MA, the injured party must sustain a fracture, permanent scarring/disability or incur at least $2000 in medical expenses before becoming tort eligible.

If the other party was uninsured/underinsured, your PIP still pays for the medicals/wages, and the threshold requirements still exist.