D.C. Personal Injury Protection Laws Stink!

Back in the 1980's, the D.C. government bought the insurance industry nonsense that so-called No-Fault laws would lower insurance premiums and make life grand for everyone. Of course, with everything the insurance industry proposes, it was all a lie. Insurance premiums went up, not down. The D.C. government took some steps to fix it. But rather than repeal no-fault, the D.C. Council enacted the current PIP statute.

In short, D.C. Personal Injury Protection coverage is a disaster.

Here's why D.C. PIP is terrible:

1. Election. You have to "elect" whether you will use PIP, or whether you will make a third party ("the other guy's" insurance) claim. Most people would much rather have "the other guy's" insurance pay the claim. Election, then, becomes confusing. Should I use my PIP or use the other guy's insurance? Can I do both?
2. Time limits. You have to "elect" within 60 days of a car accident if you want to use your PIP. This seems like a long time, but many times this deadlines passes without notice.
3. Coverage. PIP is required to be "offered" but not a required coverage. What does that mean? Well, your agent has to offer you coverage, but does not have to add it to your policy. "Well, my agent told me I have full coverage!" Maybe you have PIP, maybe you don't. Oh yes, and PIP covers different things - Medical expenses, lost wages, and funeral expenses, all at different levels. So you're a friend of a friend's car, hit by a dump truck. Do you know what your PIP benefits are? Nope, and good luck finding out.
4. Health Insurance. PIP is secondary to health insurance. What the h**l does that mean? If you have health insurance, PIP only covers only what health insurance does not cover (think co-pays and deductibles.) Well, why do I need PIP then? Good question, you don't. But if you lose your health insurance, you should have PIP. ** Oh yeah, by the way, the D.C. Court of Appeals has ruled that if you have health insurance and don't treat with a doctor within that plan, PIP does not have to pay at all. What?!

What the insurance industry has done here is a fantastic job of making PIP unintelligible to anyone, including most attorneys. Sharon Tompkins, at our firm, is about the only attorney who knows D.C. PIP law well.

If you don't know the law very well, you can waive important rights, and end up stuck with the bills from an accident that wasn't your fault. You should contact an attorney (they are always free to consult with for car accidents) immediately after an accident to discuss your rights. You don't even need to hire the lawyer. Just make sure you are not making a mistake.