Charles E. Boyk Law Offices, LLC
A case could be potentially impacted if someone has PIP insurance in Fremont car accidents. This is because medical providers could potentially try to steal the medical payments provision. For example, if there is $1,000, and it runs through the medical payment’s provision, the medical payments would pay them $1,000. If the bill is submitted through the health insurance, the health insurance may pay $400 as payment in full, because they could say that $400 is the ordinary, reasonable, customary amount paid for the service in the Freemont area.
The goal of a dedicated attorney is to try to maximize that money. Their goal would be to get it paid by the health insurance. They would rather have the benefit of the lower amount of money that they have to pay to be beneficial to the victim versus the emergency room or the medical provider.
PIP insurance in Fremont car accidents is not allowed under Ohio law if it is an Ohio resident. Med-Pay Coverage is an optional coverage that is often in an insurance policy and part of the reason why it is important for the attorney to obtain the declaration page. They call it dec. page of the insured’s policy to see if medical payments are available. Oftentimes, there are multiple insurance policies available.
For example, if a person is a passenger in another person’s car, they potentially would be eligible for medical payments through the other individual’s car as their passenger and also their individual medical payments provision. In addition, if a person is a resident relative of somebody else in their household that has medical payments provision, they may be eligible for that too. That is why it is important that they have an experienced attorney that knows how to obtain the correct insurance policies, read the language of the policies, and try to maximize the recovery.
Oftentimes, people and even other insurance companies talk about PIP coverage and whether it is applicable. PIP coverage is available, for example, in Michigan and Pennsylvania. Out of state adjusters may not understand the law in Ohio and how the lack of PIP coverage plays into the case.
For example, if a Michigan adjuster that is not familiar with Ohio law, would not include the medical bills and their evaluation of the case as far as being responsible for it. Under Michigan law, a person could only collect for pain and suffering, inconvenience, and a permanent injury while under Ohio law, they could collect for that plus the lost wages and the amount of the medical bills.
In Ohio, PIP coverage does not exist except for residents of another state that are injured in Ohio. Only then could their coverage potentially apply. For example, for a Michigan resident injured in Ohio, there is often times subrogation, meaning they have to pay back the PIP coverage to the insurance carrier in the other states.
There is an argument of whether PIP coverage is subrogatable, meaning they whether or not they have to pay it back. That is why it is important to have an attorney that reviews a copy of that contract, is aware of the state’s law, and could make sure a person does not get taken advantage of by their own insurance company.
Lawyers could help victims understand PIP coverage after a car accident in Ohio by answering all their questions, informing them of the laws in Ohio, and explaining and showing them the language in their insurance contract. If you have been involved in an accident while having PIP insurance, it is imperative to work with an attorney. An attorney can guide you through the legal complexities of dealing with PIP insurance in car accidents.