Legal Q&A
Answers to common legal questions about accidental injury, negligence, and insurance.
Question: What methods of medical treatments are available in auto accident when I am not covered by pip myself but another driver was fault?
I was in an accident where another driver was at fault and now my lower and middle back are starting to hurt, I would like to seek treatment but I have no medical insurance till May 1st and I don’t have my own pip policy and the vehicle I was driving I am an excluded driver. What options do I have for treatment, so I do the ER thing where they have to see me and then follow up after I get health insurance? If necessary I would like to file a lawsuit but I am sure I have to get a lot of treatment and MRIs to prove any potential injuries correct? Are there any lawyers that can set you up with doctors who will treat and then recoup once the claim is settled?
Answer:
What you are referring to is called a letter of protection (LOP).
An LOP is an agreement typically signed by the patient and the attorney promising to pay the doctor’s bill out of the settlement proceeds of the case. Not all doctors accept letters of protection and some only accept them from attorneys they know and have worked with in the past.
If it is true that you are not eligible for PIP coverage, then the at-fault driver's insurance would not be entitled to what's called a PIP set-off.
This means that as long as you can prove that your treatment is related to the accident and medically necessary, the other driver’s insurance will be forced to include your medical expenses in the bodily injury offer (assuming they have the coverage and accept liability).
Before you decide to go the ER and rack up thousands in medical bills, I strongly suggest calling my office for a free consultation and complete analysis of your case. I look forward to hearing from you.
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