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PIP question

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Good listmates, I have  a question related to  PIP world.  I have a patient who was rear-ended by an uninsured driver.  She is now in process of settling her claim after completing TX.  Her lawyer has told her that since she is suing her own Insurance r the case can never go to trial by jury but  mus be settled before an arbitrator. Of course the case need not go to either arbitration or jury trial if a settlement is reached earlier.

  The question is -is it  true that since the patient is suing her own Ins . r  she  can not have a jury trial to determine her settlement?  I had  never heard this before but this is  a reputable lawyer giving this info .  Anyone in legal world  out there have any simple answer?  Thanks in advance.

-- Schneider DC PDX

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  • 1 month later...

Hi

From you letter I think you meant not (not now) entitled to PIP benefits? Correct?

Usually once they settle the PIP is done, whether they do it with an attorney or by themselves. Some settlements I have seen all the patient to continue with payments from the 3rd party (or PIP if it involved an insured driver at fault), but these are rare and often very tricky. I have had patients told that the 3rd party would continue medicals for x amount of time or x amount of dollars, only later to find that they did not deem the care to be medically necessary.

Anyways what word is it now or not??

Elliott Mantell

From: Cluen <gcluen2002@...> Sent: Mon, August 30, 2010 3:04:09 PMSubject: PIP Question

Hi All,I wanted to confirm that a patient is now entitled PIP even if they settle their case. Thanks,

Cluen, DC

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