Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
In Ohio, PIP benefits are not required under Ohio law. When there is an accident in Ohio, there is no PIP coverage on the policy. However, if there is a car accident in Michigan, the Ohio driver could be eligible for PIP coverage because Michigan law applies.
Even if the individual does not have PIP coverage under their Ohio policy, the Ohio policy reverts to Michigan law. At the same time, if a Michigan resident is involved in an Ohio accident, potentially their PIP coverage would apply. This is a complicating factor and, depending on the specific circumstances, the person should work together with an experienced auto accident attorney to maximize their recovery.
Personal injury protection coverage in a Toledo car accident covers medical bills, lost wages, attended care if the person is unable to work, or needed home healthcare. The additional benefits if the car accident is an Ohio case can help pay the person’s medical bills and help them recover for the lost wages while they are treating. The difference is when the person recovers for it under Ohio law, it is a subrogation claim where the person would have to pay back the medical bills and give benefits to the Michigan carrier.
When there is no PIP coverage under Ohio law, the person can still recover for their medical bills and lost wages. Usually, the person runs their medical bills through their health insurance coverage or medical payments provisions. Typically, the person’s lost wages are not paid unless the person has their own individual disability policy. They would have to wait for the end of the personal injury case to collect those damages.
The misconception about PIP coverage is the individual has no idea if they have PIP coverage. Ohio individuals may think they have PIP coverage when they do not. Michigan individuals who have PIP coverage may not know they have PIP coverage. The car accident attorney gets a copy of the person’s actual insurance policy including the declarations page and the whole policy. The person’s rights and responsibilities are in the insurance policy. One of the advantages the attorney can provide to the person is making sure that all of the rights of the person are explored and explained to them.
Personal injury protection coverage in a Toledo car accident depends on where the insurance policy is written. Some people have dual residency in Ohio and Michigan. Some of them have Michigan policies and some of them may have Ohio policies. Ohio policies are typically substantially cheaper than Michigan policies. The misconception is that people do not understand the rights they have under the PIP coverage. That is why it is important to provide a copy of the insurance policy to the attorney or give the attorney permission to order a certified copy of their policy so their rights are protected.
A Toledo lawyer orders the PIP insurance policy and then meets with the person to explain their rights and responsibilities. When applicable, the lawyer obtains the PIP forms from the PIP insurance carrier and works with the person to fill out those forms because they can be complicated. For more assistance with Toledo car accidents and personal injury protection coverage, contact an attorney today.
Charles E. Boyk Law Offices, LLC