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Understand the Benefits of Personal Injury Protection (PIP)on Your Maryland Automobile Insurance Policy

In Maryland you have the option to purchase Personal Injury Protection (PIP) on your automobile policy. If you chose not to do so you can reject it in writing. It covers medical expenses and other expenses, such as lost wages.

This type of insurance is a great benefit if you are involved in an automobile accident. Maryland, unlike many other states, allow you to: recover under Personal Injury Protection (PIP) benefits medical expenses and/or lost wages, and; to recover those exact same benefits again from the at-fault drivers insurance company. This is known as Maryland's collateral source rule. It is important when dealing with out-of-state carriers, to understand how this coverage works. In Maryland "double dipping" of these benefits is permitted.

The Personal Injury Protection (PIP) Statute can be found in the Maryland Insurance Code §19-505(a) section. It indicates that the PIP claim must be filed within one (1) year from the date of the motor vehicle accident. This is an important distinction because the claim against the liability carrier does not have to be filed for three years.

Once the claim is filed persons eligible include: the insured, members of the insured's family that reside in his/her household, persons using the vehicle with consent, guests and passengers in the vehicle and injured pedestrians.

Personal Injury Protection (PIP) coverage is generally $2,500, but may go as high as $10,000, depending on the policy. It covers reasonable and necessary medical expenses for injuries sustained in the motor vehicle accident, lost wages with a $200 per week limit (once a person has been disabled for fourteen (14) days after the accident), funeral expenses up to $2,000 and loss of services.

Frequently Asked Questions about PIP
1.Can you claim Personal Injury Protection (PIP) benefits from an accident when you were at-fault?

Yes. Personal Injury Protection (PIP) legislation was enacted to assure financial compensation to victims of motor vehicle accidents without regard to fault. Clay vs. GEICO Insurance Company, 356 Md. 257, 265-66 (1999)

2.Can you claim Personal Injury Protection (PIP) benefits from an accident when the bills were previously paid by health insurance?

Yes. Marylands highest Court in Dufta vs. State Farm Insurance Companies, 363 Md. 544 (2001), interpreted Maryland Insurance Code §19-507. In so doing, it held that the insurance carrier must pay Personal Injury Protection (PIP) benefits even if they were already paid by a health insurance carrier.

Maryland Insurance Code Annotated §19-505 (2005)
§19-505. Personal Injury Protection coverage -- In general

(a) Coverage required. -- Unless waived in accordance with §19-506 of this subtitle, each insurer that issues, sells, or delivers a motor vehicle liability insurance policy in the State shall provide coverage for the medical, hospital, and disability benefits described in this section for each of the following individuals:

(1) except for individuals specifically excluded under §27-606 of this article:

(ii) the first named insured, and any family member of the first named insured who resides in the first named insured's household, who is injured in any motor vehicle accident, including an accident that involves an uninsured motor vehicle or a motor vehicle the identity of which cannot be ascertained; and

(ii) any other individual who is injured in a motor vehicle accident while using the insured motor vehicle with the express or implied permission of the named insured;

(2) an individual who is injured in a motor vehicle accident while occupying the insured motor vehicle as a guest or passenger; and

(3) an individual who is injured in a motor vehicle accident that involves the insured motor vehicle:

(i) as a pedestrian; or

(ii) while in, on, or alighting from a vehicle that is operated by animal or muscular power.

(b) Minimum benefits required. --

(1) In this subsection, "income" means:

(i) wages, salaries, tips, commissions, professional fees, and other earnings from work or employment;

(ii) earnings from a business or farm owned individually, jointly, or in partnership; and

(iii) to the extent earnings are paid or payable in property or services instead of in cash, the reasonable value of the property or services.

(2) The minimum medical, hospital, and disability benefits provided by an insurer under this section shall include up to $ 2,500 for:

(i) payment of all reasonable and necessary expenses that arise from a motor vehicle accident and that are incurred within 3 years after the accident for necessary prosthetic devices and ambulance, dental, funeral, hospital, medical, professional nursing, surgical, and x-ray services;

(ii) payment of benefits for 85% of income lost:

1. within 3 years after, and resulting from, a motor vehicle accident; and

2. by an injured individual who was earning or producing income when the accident occurred; and

(iii) payments made in reimbursement of reasonable and necessary expenses incurred within 3 years after a motor vehicle accident for essential services ordinarily performed for the care and maintenance of the family or family household by an individual who was injured in the accident and not earning or producing income when the accident occurred.

(3) As a condition of providing loss of income benefits under this subsection, an insurer may require the injured individual to furnish the insurer with reasonable medical proof of the injury causing loss of income.

(c) Exclusions. --

(1) An insurer may exclude from the coverage described in this section benefits for:

(i) an individual, otherwise insured under the policy, who:

1. intentionally causes the motor vehicle accident resulting in the injury for which benefits are claimed;

2. is a nonresident of the State and is injured as a pedestrian in a motor vehicle accident that occurs outside of the State;

3. is injured in a motor vehicle accident while operating or voluntarily riding in a motor vehicle that the individual knows is stolen; or

4. is injured in a motor vehicle accident while committing a felony or while violating Section 21-904 of the Transportation Code or (ii) the named insured or a family member of the named insured who resides in the named insured's household for an injury that occurs while the named insured or family member is occupying an uninsured motor vehicle owned by:

1. the named insured; or

2. an immediate family member of the named insured who resides in the named insured's household.

(2) In the case of motorcycles, an insurer may (i) exclude the economic loss benefits described in this section; or

(ii) offer the economic loss benefits with deductibles, options, or specific exclusions.

We serve the following counties:
Virginia - Loudoun County, Arlington County, Fairfax County, Prince William County, Fauquier County, Fredericksburg County, Clark County and Warren County
Maryland - Anne Arundel County, Howard County, Baltimore County, Harford County, Baltimore City, Prince George's County, Frederick County, and Montgomery County