Even after receiving compensation for an accident through PIP insurance, you may still be able to file a personal injury lawsuit. Read on and speak with a Pike County, KY auto accident lawyer for more information today.
What is PIP Insurance?
PIP is a type of no-fault insurance, standing for Personal Injury Protection. Kentucky is a choice no-fault state when it comes to accidents, meaning that all insurance providers must offer PIP, but drivers can choose to opt in or out.
PIP provides drivers with coverage for economic losses associated with an injury. This can include medical expenses like hospital stays, surgeries, prescriptions, and physical therapy. It also extends to costs like lost wages due to time taken off work for recovery, household help, and transportation to and from medical appointments. It does not, however, cover noneconomic losses or expenses like property damage.
Does Accepting an Insurance Claim Prevent Me From Filing a Lawsuit?
Whether accepting an insurance settlement prevents you from filing a lawsuit later on depends on the details of your situation. In general, if you filed a claim against another driver for damages related to an accident they caused then yes, signing a settlement waives your right to pursue further legal action.
However, if the insurance claim was through your own personal injury protection, then no, it does not prevent you from filing a lawsuit. The clause in an insurance settlement that requires you to waive your right to sue is only relevant because the liable party’s insurance is paying you for your damages. If your own PIP insurance covers you, then you retain the right to pursue further action.
Can I File a Lawsuit After Receiving Compensation via PIP Insurance?
PIP insurance is extremely beneficial for drivers and can simplify the process of recovering compensation after an accident. However, it has its limitations. First of all, your coverage may not be enough to compensate you for the total medical expenses associated with the accident. Second, as established, PIP only covers economic costs related to your injury. It will not yield compensation for noneconomic damages or losses not associated with your injury.
If you received compensation through PIP insurance but it was not enough for all of your medical expenses or you have additional costs to consider, you can file a personal injury lawsuit against the negligent party. Consult with an experienced injury attorney to discuss the necessary steps, including gathering evidence, filing the required paperwork, negotiating, and more.
What Damages Can I Receive Through a Personal Injury Lawsuit?
You can recover a variety of damages by filing a personal injury lawsuit including the following.
- Medical expenses like doctor appointments, hospital stays, surgeries, medication, etc.
- Lost wages
- Property damage and the costs to repair vehicles
- Pain and suffering
- Emotional distress
Filing a personal injury lawsuit can be beneficial as you are eligible to receive several damages that are not covered under PIP. Keep in mind that if you receive compensation for medical or other expenses that were already covered under PIP you may have to refund that money to your insurance provider.
