PIP, Made Whole, and Statute of Limitations

The auto policy's first-party, no-fault coverage for both medical benefits and loss of income is Personal Injury Protection (PIP). Automobile insurance laws vary from state to state. PIP will pay no matter who caused the accident, although if someone else is at fault, the insurer may have subrogation rights. Finally, the chart below also lists the statutes of limitations. 

This chart is current as of the date I wrote it, but adjusters should be familiar with their state’s rules. I cannot guarantee the accuracy of the list. Because laws and regulations can change without notice, an attorney should be contacted if there are any questions regarding this chart. These materials are provided for informational and educational purposes only and do not constitute legal advice or legal opinions because I am not an attorney.

Alabama

There is no PIP coverage mandated under the automobile insurance laws of Alabama.

Alaska

There is no PIP coverage mandated under the automobile insurance laws of Alaska.

Arizona  

There is no PIP coverage mandated under the automobile insurance laws of Arizona.

 

Arkansas

In Arkansas, drivers can buy policies that include 3 PIP coverages: Medical expenses (doctor bills, X-rays, ambulance bills, and funeral expenses), lost wages, and death benefits.  
 

California  

There is no PIP coverage mandated under the automobile insurance laws of California.

Colorado  

There is no PIP coverage mandated under the automobile insurance laws of Colorado.

Connecticut

Under Connecticut PIP law, the driver can choose basic reparation insurance or medical payments coverage, or neither. It includes medical expenses, lost wages, replacement services, funeral expenses, and survivor benefits.

Delaware

Delaware requires $15,000 in PIP per person and $30,000 for accidents. In addition, $5,000 for funeral expenses is included in PIP.

District of Columbia

PIP coverage in the District of Columbia covers medical bills and rehabilitation; loss of income due to the accident; replacement services for personal and family tasks you can’t perform, up to three years after the date of the accident; and funeral benefits up to $4,000 per victim.

 

Florida 

Florida's PIP  covers 80% of necessary medical costs, including ambulance, doctor bills, surgery, X-rays, ambulance, nursing, dental and prosthetic devices. It also covers 60% of lost wages if you can’t work due to the accident injuries, and replacement services for household tasks you would have performed. Death benefits are $5,000 per person and are in addition to the medical and disability benefits.

Georgia 

There is no PIP coverage mandated under the automobile insurance laws of Georgia.

 

Hawaii

The state of Hawaii requires at least $10,000 in PIP coverage per person. PIP covers expenses for medical, dental, hospital, ambulance, medical equipment, X-ray, and psychiatric services. It also covers naturopathic medicine and therapeutic massage.  

Idaho

There is no PIP coverage mandated under the automobile insurance laws of Idaho.

Illinois

There is no PIP coverage mandated under the automobile insurance laws of Illinois.  

Indiana

There is no PIP coverage mandated under the automobile insurance laws of Indiana.

 

Iowa

There is no PIP coverage mandated under the automobile insurance laws of Iowa.  

Kansas

The following are the minimum PIP benefits required by Kansas law:

          $4,500/person for medical expenses.
          $900/month for one year for disability/loss of income.
          $25/day for in-home services for up to a year.
          $2,000 for funeral, burial, or cremation.
          $4,500 for rehabilitation expenses.
Survivor benefits: Disability/loss of income up to $900 a month for a year. Medical benefits in Kansas include costs for doctors, psychologists, surgery, X-rays, dental services, prosthetic devices, ambulance, hospital, and nursing services.  

Kentucky

The minimum Kentucky PIP coverage is $10,000 for medical expenses, lost wages up to $200/week, replacement services, and survivor’s benefits.

Louisiana

There is no PIP coverage mandated under the automobile insurance laws of Louisiana.

 

Maine

There is no PIP coverage mandated under the automobile insurance laws of Maine.

Maryland

PIP coverage in Maryland is up to $2,500 for bills within 3 years of the accident for prosthetic devices, ambulance, dental, funeral, hospital, medical, professional nursing, surgery, and X-rays. It also covers 85% of income loss for 3 years after the accident. For those who didn’t have an income at the time of the accident, PIP can cover replacement services if they were caring for a household member, e.g. a child. 

Massachusetts

Drivers must buy $8,000 in PIP in Massachusetts, which will cover medical expenses, replacement services such as child care, and 75% of lost wages if the insured can’t work due to the accident. In Massachusetts, the first $2,000 in medical bills is paid by PIP; after the $2,000 mark, the health insurance plan becomes the primary payer and PIP becomes secondary. 

Michigan

Under Michigan’s auto insurance reform law effective July 1, 2020, drivers can choose between unlimited medical coverage and lower limits. They will have a choice of unlimited medical benefits that have been offered previously and a new managed care option for medical benefits. Managed care does not apply to emergency care, which means no pre-authorization is required to go to the emergency room after a car accident.

Minnesota

Drivers in Minnesota must buy $40,000 in PIP coverage, which includes $20,000 for medical bills and $20,000 for non-medical expenses per person, such as lost wages.

Mississippi

There is no PIP coverage mandated under the automobile insurance laws of Mississippi.

 

Missouri

There is no PIP coverage mandated under the automobile insurance laws of Missouri. 

Montana

There is no PIP coverage mandated under the automobile insurance laws of Montana.

 

Nebraska

There is no PIP coverage mandated under the automobile insurance laws of Nebraska.

Nevada

There is no PIP coverage mandated under the automobile insurance laws of Nevada.

New Hampshire

There is no PIP coverage mandated under the automobile insurance laws of New Hampshire.

 

New Jersey

New Jersey requires at least $15,000 in PIP coverage. Insured can collect up to $250,000 for certain injuries, regardless of the PIP limit. This includes permanent or significant brain injury, spinal cord injury, or disfigurement. The New Jersey Department of Banking and Insurance data shows that most New Jersey drivers buy $250,000 in PIP.

New Mexico

There is no PIP coverage mandated under the automobile insurance laws of New Mexico.

New York

New Yorkers can buy up to $50,000 in PIP to cover medical and rehabilitation costs; 80% of lost earnings from work up to $2,000/month for up to 3 years from the date of the accident and $25/day, for up to a year from the date of the accident, for other necessary expenses (such as household help and transportation to medical treatment). In addition to the $50,000 limit, New York PIP has a $2,000 death benefit.

North Carolina

There is no PIP coverage mandated under the automobile insurance laws of North Carolina.

North Dakota

North Dakota drivers must buy at least $30,000 in PIP coverage. You can buy “excess no-fault benefits” for up to $80,000 in coverage.

Ohio

There is no PIP coverage mandated under the automobile insurance laws of Ohio.

Oklahoma 

There is no PIP coverage mandated under the automobile insurance laws of Oklahoma.

Oregon

Oregon’s minimum PIP coverage is $15,000 and pays for medical, hospital, dental, surgical, ambulance, and prosthetic expenses within 2 years after the date of the injury. If the insured can’t work due to the accident for at least 14 days, PIP will cover 70% of lost wages, up to a maximum payment of $3,000/ month and a total maximum payment period of 52 weeks. If the insured doesn’t work but can no longer perform services at home, such as a stay-at-home parent, PIP will pay up to $30/day to hire someone for essential services, for up to 52 weeks. Parents of minor children can get $25 a day for child care, up to $750 total. Oregon PIP also pays up to $5,000 for funeral expenses.

Pennsylvania

The minimum PIP coverage drivers must buy is $5,000. Pennsylvania drivers can choose either full or limited tort. With a full tort auto insurance policy, the insured has unlimited rights to sue another driver. Limited tort costs less and drivers can still sue someone for medical expenses after an accident, but the insured won’t be able to sue them for pain and suffering unless there is a “serious” injury.

Rhode Island

There is no PIP coverage mandated under the automobile insurance laws of Rhode Island.

 

South Carolina

South Carolina is an “Add-On” PIP State. PIP is “added on” with no limitation on suits against the at-fault party. First-party basic no-fault-type benefits are recoverable by the injured party. The insurer cannot subrogate against the at-fault party. Insured must choose if they will be bound by a verbal threshold. See SC Code § 38-77-144 (2020).

South Dakota 

There is no PIP coverage mandated under the automobile insurance laws of South Dakota.

Tennessee

There is no PIP coverage mandated under the automobile insurance laws of Tennessee.

Texas

PIP coverage in Texas includes: reasonable medical costs, including necessary surgeries, X-rays, dental or eye treatments, medical procedures, prosthetic devices, and professional nursing; ambulance services, rehabilitation therapies, funeral services, lost income resulting from the accident, replacement of necessary services provided by the injured party, such as family care or household maintenance if the injured is not an income producer.  Texas requires that every driver is offered at least $2,500 of PIP insurance. Drivers can typically obtain coverage for $5,000 or $10,000 if they want additional financial protection. The policy limit extends to each person injured in an accident, and it refers to the total amount of benefits available across all expenses.le across all expenses.

Utah

Utah drivers must have at least $3,000 in PIP coverage for medical bills, coverage for lost wages, $1,500 for funeral expenses, and $3,000 for death benefits to heirs.

Vermont

There is no PIP coverage mandated under the automobile insurance laws of Vermont.

Virginia

There is no PIP coverage mandated under the automobile insurance laws of Virginia.  

Washington

The minimum PIP in Washington includes coverage limits of $10,000 for medical expenses for each person, $200/week for lost wages, $200/week to pay for services the insured can’t perform such as cleaning, and $2,000 for funeral expenses

  

West Virginia 

There is no PIP coverage mandated under the automobile insurance laws of West Virginia.

Wisconsin

There is no PIP coverage mandated under the automobile insurance laws of Wisconsin.  

 

Wyoming

There is no PIP coverage mandated under the automobile insurance laws of Wyoming.