Car Accident Med Pay Maryland
In Maryland the PIP coverage is typically for $2,500 which pays not only medical expenses but also lost wages. Carriers are required to offer this but the coverage can be waived. Also there is allowed what is called a “limited waiver” wherein the named insured is not covered and the only persons that are covered are occupants under the age of 16 and other occupants who have not waived PIP on their own policies.
Limited stacking is allowed in Maryland where a claimant who is a passenger can collect PIP coverage under that vehicle and if their PIP coverage on their own policy has a greater limit, then they can claim that excess. For instance if the coverage on the vehicle is $2,500 and the coverage on the passenger’s personal vehicle is $5,000, then each carrier pays $2,500. If PIP was waived by the passenger on their policy, then PIP is not available against the host.
PIP is primary to health insurance. PIP does not stack based on the number of vehicles owned by the injured party.
In Sherrod, 149 Ms. App. 640 (2003), the court dealt with a Maryland accident. The plaintiff received benefits under their D.C. PIP policy. The court held that the D.C. statute did not apply and that this did not bar the subsequent tort claim brought in the state of Maryland.
In Maryland, there are different rules that apply to motorcycles, bikes and mopeds. However riders of bicycles, mopeds, motor scooters and electric bikes are all treated as if they were pedestrians and they’re entitled to PIP from the striking vehicle unless waived by the rider.
A motorcycle is considered to be a motor vehicle and therefore Med Pay may apply to the operator and passenger.
Passengers in taxi cabs and buses are excluded from coverage through that vehicle. However passengers may claim coverage through their own personal vehicle.
In Maryland, there is no subrogation based upon PIP coverage (Code § 19-507).
Car Accident Med Pay District of Columbia
In D.C. PIP coverage is optional. Beware that since D.C. is a no-fault jurisdiction, claimants who are injured in D.C. while occupying a D.C. registered vehicle must decide whether to file a PIP claim or a liability claim within 60 days. Both PIP and liability claims can be filed if the threshold is met. That threshold is substantial permanent scarring, disfigurement or permanent impairment.
In D.C., health insurance is primary. Carter v. State Farm, 808 A.2d 466 (2002) Therefore the claimant can only collect co-pays and deductibles for in-network providers.
D.C. PIP only applies to D.C. residents. D.C. residents who are injured in Maryland can make a PIP claim under their D.C. policy. They can also file suit in Maryland, but they must put the carrier on notice within 60 days of whether they elect to receive PIP benefits under their D.C. policy. This could present a later bar to UM/UIM coverage if needed.
D.C. Code § 31-2411 does allow subrogation as to PIP. In addition the case of Hubb v. State Farm confirms such.
A chart that may be useful is below:
| Virginia | D.C. | Maryland | |
| Required | No | Must elect. If threshold met then entitled to both. | No |
| Out-of-State Plaintiff | Not relevant | No coverage | Not relevant |
| Stacking | Yes | No need | Yes |
| Coverage from Taxi/Bus | No | ||
| Health Insurance | Primary in-network | Primary | |
| Pedestrian | Yes | From striker | |
| Claim thru Striker | No | Yes | |
| Subrogation | No | Yes | No |
Car Accident Med Pay Examples
Imagine that the claimant is either a pedestrian or a bicyclist. She has her own auto insurance coverage, lives in Virginia and is involved in an accident in D.C. and the other vehicle is insured in Maryland. PIP is available through the striking vehicle’s policy since the claimant is treated as a pedestrian. The claimant may also use her own Med Pay coverage if she has it. In this instance, health insurance would be primary but only if the provider is part of the network. In addition the Med Pay on the claimant’s vehicle would be stackable up to four (4) vehicles.
Take another example: Your claimant is a passenger in a bus or a taxicab and does not have any auto coverage. He resides in Maryland, and is involved in a crash in D.C. The other vehicle is insured in D.C. and the bus or taxi in which the claimant is a passenger is insured in Maryland. Under that scenario there are no benefits available.
Call, or contact us for a free consult. Also for more info on automobile insurance see the Wikipedia pages. Also see the post on this site dealing with Virginia med pay issues.
