PIP in DC Pedestrian Accidents

Am I Covered by PIP as a Pedestrian in DC?

You can file a PIP claim even if you weren’t in a vehicle. This loss coverage applies to your medical bills and lost wages just as it would for a driver or passenger.

It’s important to note that if the driver who hit you doesn’t have insurance or is underinsured, PIP may still cover some of your medical costs, but it may not be enough to compensate you for serious injuries fully. In that case, you might need to explore other legal options. Talk to a DC pedestrian accident lawyer at Regan Zambri Long for a free consultation.

PIP Coverage for Pedestrians Injured by Motor Vehicles

In Washington DC, under § 31–2406 of the DC Code, it’s required that automobile insurers offer PIP coverage. PIP is a type of car insurance that covers medical expenses and lost wages if you’re injured in a car accident—regardless of who was at fault. Here’s how PIP applies to pedestrian accidents:

Coverage Source

Driver’s PIP Policy: The primary source of PIP coverage for an injured pedestrian is the PIP policy of the vehicle that struck them.
Pedestrian’s Own PIP: If the pedestrian owns a car with PIP coverage, they may be able to claim under their own policy if the driver’s coverage is insufficient or non-existent.

What’s Covered

For pedestrians, PIP typically covers:

Medical expenses up to $25,000
Lost wages up to $12,500
Funeral expenses up to $4,000 (if the accident results in death)

Key Features of Personal Injury Protection

No-fault coverage: The most significant feature of PIP is that it’s a “no-fault” coverage. This means you can receive compensation for your injuries and lost wages, regardless of whether you were the at-fault party in the accident. This is incredibly important in pedestrian accidents, where determining fault can take time.
Covers medical expenses and lost wages: PIP will cover the medical treatments you need after the accident, such as hospital bills, rehabilitation expenses, and prescription medications. It can also cover a portion of your lost wages if you’re unable to work due to your accident injuries.
Quick payouts: Since PIP is no-fault coverage, payments can be made much quicker than if you had to wait for a lengthy investigation into who was responsible for the accident.
Limits on payouts: While PIP helps you get financial help quickly, it doesn’t cover everything. In DC, PIP benefits are capped at specific amounts for medical expenses, income loss, and funeral benefits. These limits may not fully cover all your damages, especially in serious accidents.
Time Limits: There’s typically a one-year deadline from the accident date to file a PIP claim in DC.
Non-Residents: Visitors to DC injured as pedestrians are generally covered under the striking vehicle’s PIP policy.

How to File for PIP Coverage as an Injured Pedestrian

If you’re injured as a pedestrian in a motor vehicle accident in DC, PIP coverage can help you get immediate financial relief. Here’s how it works:

File a claim: After the accident, you’ll need to file a PIP claim with the driver’s insurance provider who hit you as soon as possible. If you have auto insurance with PIP coverage, you might also be able to file with your insurer.
Submit your medical bills and proof of lost wages: You’ll need to provide documentation to the insurance company, such as medical records and bills, along with proof of income if you claim lost wages.
Receive compensation: Once your claim is approved, PIP will pay for your medical bills and a portion of your lost wages up to the policy limits.
Coordination with health insurance: Sometimes, your insurance may cover some of your medical bills before PIP kicks in. Your health insurance might cover the rest if your PIP benefits run out.

Remember, PIP only covers certain liability claims—medical expenses and lost wages. It doesn’t compensate for non-economic damages like pain and suffering. For greater compensation, especially with severe injuries, you’ll need to explore other legal options.

PIP and MedPay Subrogation in the Washington, DC Area

Subrogation is when one insurance company seeks reimbursement from another. For example, if you use your own PIP coverage or MedPay (another type of medical coverage) after an accident, your insurance company might try to get reimbursed by the at-fault driver’s insurance.

In Washington, DC, this process is standard in pedestrian accidents. Here’s how it works:

PIP subrogation: Let’s say you file a PIP claim with your own auto insurance after being hit by a car. As the injured party, your insurance company will pay for your medical expenses and lost wages. Later, they might seek reimbursement from the driver’s insurance carrier if that driver is found at fault.
MedPay subrogation: If you have MedPay coverage through your auto insurer, it can help pay for medical expenses not covered by PIP. After MedPay pays, your insurance company might try to recover those costs through subrogation.

Other Sources of Recovery for Pedestrian Accident Victims

While PIP coverage helps, it doesn’t cover everything, especially in severe accidents. If your bodily injuries are serious or you’ve lost significant time from work, you may need to check out other sources of compensation. Here are some other potential options:

Liability insurance from the at-fault driver: If the driver in an auto accident who hit you was negligent, you can file a personal injury claim against their liability insurance. This can cover medical bills, lost wages, and non-economic damages like pain and suffering.
Uninsured/Underinsured Motorist Coverage: If the driver who hit you doesn’t have enough insurance to cover your damages, your own auto insurance may have underinsured or uninsured motorist coverage, which can help make up the difference.
Lawsuits: If the insurance limits aren’t enough or the insurance company denies your claim, you might need to file a personal injury lawsuit to recover the compensation you deserve. A skilled DC pedestrian accident lawyer can help you with this process.

When Your Damages Exceed Your Insurance Coverage

In catastrophic accident cases, the cost of medical treatment, rehabilitation, loss of income, and other damages can easily exceed the limits of your PIP and other insurance coverages. If that happens, keep in mind you still have options.

File a personal injury claim: If your PIP benefits run out and your damages exceed the driver’s liability insurance, you can file a personal injury claim against the at-fault driver. This can help you recover additional compensation for your medical bills, lost wages, and pain and suffering.

Look for additional policies: Some drivers may have additional insurance coverage, such as umbrella policies, to help cover your damages. A lawyer can help investigate these options.

Consider a lawsuit: If insurance isn’t enough to cover your damages, you may need to file a lawsuit against the at-fault driver. In many cases, this can lead to a larger settlement or judgment that compensates you for the full extent of your injuries.

How a DC Pedestrian Accident Lawyer at Regan Zambri Long Can Help You

The legal and insurance process after a pedestrian accident can be overwhelming. You’re dealing with injuries, medical bills, lost time from work, and the stress of recovering. At the law firm of Regan Zambri Long, we understand how tough this time can be and are here to help you every step of the way.

Our experienced DC pedestrian accident lawyers know how to handle PIP claims, subrogation issues, and personal injury lawsuits. We’ll fight to ensure you get compensation for injuries, whether from PIP coverage, the at-fault driver’s insurance, or a personal injury lawsuit. Don’t face this alone—let our legal counsel guide you through the process and take the burden off your shoulders.

If you’ve been injured in a pedestrian accident in Washington, DC, contact a personal injury lawyer at Regan Zambri Long for a free consultation today. We’re ready to help you get back on your feet and secure the compensation you need for a full recovery.