What is Personal Injury Protection (PIP)? PIP coverage is required by statute to be part of any auto policy written in Texas, unless it is rejected in writing. PIP covers everyone in the insured auto up to PIP coverage limits. PIP will cover every insured regardless of the vehicle they are in. PIP will cover losses incurred within three years of the date of an accident. PIP is available regardless of fault or other available benefits. If PIP benefits are not timely paid (within 30 days) attorney’s fees and interest are recoverable. PIP coverage will pay medical bills, reimburse you for out of pocket coverage and reimburse you for lost wages. You do not have to pay your insurer back for the money you received from PIP. The PIP carrier must pay “reasonable expenses that are for necessary medical services”. This means that the carrier can pay less than what the medical provider billed. PIP covers 80% of lost income. PIP coverage limits are often $2,500, but may be $5,000, $10,000 or even higher. PIP coverage is generally affordable and can help offset out of pocket costs. https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm Medpay Medpay covers only medical expenses, and you may have to pay it back. Medpay has no statutory basis and no legal restrictions on its terms. The lawyers at Wham & Rogers can help with your PIP claim. Call us at 832-592-1108, or fill out a form on our contact page: https://www.whamandrogers.com/contact/ The information in this blog is not, nor […]
Monthly Archives: December 2018
What is Personal Injury Protection?
ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS
If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered: Was the employer a subscriber to Workers Compensation Coverage; and Was the injury caused by someone other than the employer or a co-worker? What is a “Non-subscriber?” Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute. However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a Non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available. Why does “Non-subscriber” status make a difference? Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher. https://www.tdi.texas.gov/wc/employer/cb007.html A Non-subscriber claim allows for the recovery of: 100% of your lost wages; future diminished earning capacity due to the injury; full damages for physical and cognitive impairment; loss of earning capacity in the future; pain and suffering. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm What is a “Third Party” claim? Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” claim. A Third Party claim is […]
Why You Need Uninsured and Underinsured Motorists Coverage
What is Uninsured Motorists Coverage? Uninsured motorists “UM” coverage protects you if you are injured by a driver with no insurance. You may assume that other drivers will follow the law and will buy auto insurance just like you do. However, this is not always the case. An estimated 1 in 8 drivers on Texas roads are uninsured. https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists Some drivers never buy auto insurance and take their chances on being ticketed. Some drivers have coverage but miss their monthly payment so the coverage lapses. In other cases, the owner of the car may have coverage, but may allow an excluded driver (usually a family member with a bad driving record) to drive the car, so there is no coverage. What you may not realize is that even if a driver does have auto insurance, if the driver does not “cooperate” with his insurance company, the insurance company can deny coverage. If you are injured by a driver with no insurance coverage and you do not have UM coverage, you may have no way to collect from the at- fault driver. Typically, drivers with assets to protect have auto insurance. It’s usually those drivers with nothing to lose who do not carry auto insurance. To protect yourself and your family from uninsured drivers, it’s important to carry uninsured motorists coverage, with limits high enough to protect you should the worst happen.https://www.insurancejournal.com/news/national/2018/03/15/483414.htm What is Underinsured Motorists Coverage? Underinsured Motorists Coverage “UIM” coverage protects you in the event the at-fault driver does […]