QUESTION

Should I sign an application for benefits PIP form?

Asked on Aug 15th, 2013 on Personal Injury - South Carolina
More details to this question:
I was a passenger in a car accident (100% other vehicles fault). It happened while in WA State - I live in CA. I have been paying all of my own medical costs. I have not notified my insurance co. (no need). I just received an App. from other party's insurance company to sign to "enable them to determine if I'm entitled to benefits under PIP law" Do they really need this? What will this do for me -or- to me?
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5 ANSWERS

Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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First, if you have health insurance, Medicaid or medicare, I recommend that you let your health insurer pay your medical bills. They will have a right to be reimbursed out of your claim for the other driver, but you do not know yet how long it will take for you to settle your claim, and in the end, there will be more insurance left over for pain and suffering if necessary because your medical bills are discounted when paid by insurance. I would have to read the form to know precisely the purpose, but I guess it is so the other insurer can discover whether you have you own PIP coverage. PIP pays a certain amount of medical bills regardless of fault, and I believe the insurer does not have to be reimbursed out of you recovery (I may be wrong on this as PIP is not prevalent in SC) and I have not often dealt with it. The other insurer probably wants to know any source from which you can recover money for the injury. This could be important if your damages exceed the coverage. If I am wrong about PIP having a subrogation interest, they would need this iformation as they could be liable to reimburse the PIP insurer. There may be other reasons. I see no harm to you in giving them the information, but I cannot say this for sure since I haven't seen the form.
Answered on Sep 05th, 2013 at 4:01 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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We don't have PIP in NC . I understand it to be available automatically much like med pay. Don't see any harm in signing app but read it carefully and make sure you know what you are signing.
Answered on Sep 05th, 2013 at 4:01 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Why is this on a Michigan forum?
Answered on Sep 05th, 2013 at 4:01 PM

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You shouldn't sign anything without having it reviewed by an attorney. Be very careful.
Answered on Sep 05th, 2013 at 4:01 PM

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If you have been injured in an automobile accident, you should retain a qualified personal injury attorney in your are. He or she will be able to help you identify and submit your best claims against any and all available avenues of recovery. Do not do phone interviews, in person interviews or sign documents of any type until you are represented and counsel has advised you. No insurance company, not even your own, wants to pay you your top available recovery dollar. They do not work for you. They work for their shareholders. Your counsel works for you.
Answered on Sep 05th, 2013 at 4:01 PM

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