Can I go after a third party insurance company over an injury claim after my PIP has already paid?

Question

I was in an accident. It was the other person's fault. Her insurance company accepted liability for the accident. My medical bills where paid out of my personal injury protection (PIP) with my own insurance company. Can I go after the other person's insurance company for a personal injury claim also?

Answer 1

The above answer is correct.

Since you subsequently added that you live in Texas, the answer is probably yes, because Texas is not a state where you lose your right to sue.

Answer 2

You failed to note what State you are in. This is extremely important as auto insurance laws are different in each State. Does your State have a no fault system?

Generally speaking, you can not be paid twice for the same injury. However you may be able to sue the other driver for loss of wages and pain and sufferring if you had an actual bodily injury. The extent of your bodily injury (as defined by your State) would determine your ability to sue for damages.

Again, not knowing your State of residence precludes giving you a more accurate answer.

Answer 3

Check with your adjuster.

See, your policy says, once your policy pays you, you transfer your right to recover, to your insurance company.

So IF you go after them, you have to reimburse your insurance company, what they paid out.  You can't collect twice, for the same thing, from two different insurers.  

Personal injury - pain and suffering - is slightly different than medical bills.  So, it's possible that your insurer would allow a P&S claim against the other party, without attaching the payment.  But it's MORE likely that the money you got from them, would come with a lein against it, by your insurer.

Answer 4

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Answer 5

No - you can go after the other party, but you can't sue their insurer.  Their insurer did not cause the accident.