Legal Question in Personal Injury in Indiana

what will PIP cover?

I was in an accident in Indiana last May. The people who rear-ended me had no insurance. My insurance in Michigan has paid my medical and lost wages. If I settle and am still not working, will they pay my lost wages still, up to 3 years through PIP? Will I not get as high of a settlement because they have already been paying my lost wages? I have close to $20,000 in medical bills they have paid, and close to $30,000 in lost wages. Do the expenses of the medical bills come out of the final settlement, or is this covered by my PIP through uninsured part I have on my policy?

Asked on 5/13/04, 12:40 pm

2 Answers from Attorneys

Re: what will PIP cover?

You are entitled to your PIP benefits so long as you still need them (ie: unable to work due to the injury, etc.) As you noted, you can get up to 3 years of wage loss (subject to the caps in the statute/85%, etc) and also medical treatment. You should also submit a claim for replacement services (max $20/day) if appropriate.

With regard to your "settlement", I assume you are speaking of a third party case against the other driver? Assuming that you are, you MAY not be able to "recover twice" for wage losses and medical payments. The answer to this gets complex, and without knowing more I can't give you a better answer. If you have health insurance, and you had a coordinated policy, they (the health insurer- Blue Cross, etc) may attempt to recover the amounts spent on your medical treatment.

If you have a lawyer handling your third party claim, you should be asking that person these questions.

If you need a lawyer to handle your third party case, please call me at 248-988-9922. We handle auto negligence claims, both first and third party. I would be interested in speaking to you about your third party case in Indiana. If we are interested in your case, we would be able to handle it, even in Indiana.

I look forward to hearing from you, if you need assistance with the third party case.

Very truly yours,

Keith A. Wuotinen (248-988-9922).

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Answered on 5/13/04, 1:56 pm
William Stern William Stern, P.C.

Re: what will PIP cover?

When you say settle, settle with who? The people who hurt you? Your insurance company? You should have an attorney check your own policies to see if you had uninsured motorists coverage. Give me a call and we can go over everything that you may be entitled to. I have been a lawyer for 27 years and have received the highest rating from the Martindale-Hubbell attorney rating association. William S. Stern 248-353-9400

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Answered on 5/13/04, 6:54 pm

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