So Is The New PIP Law In Effect? Or The Old PIP Law?

I’ve received numerous phone calls about the current status of the new PIP law.

Some people say old PIP is back and it is $10,000 with no EMC because Judge Lewis said it was unconstitutional. Some people (like myself) say the new PIP law is still in effect and it’s $2,500 without an EMC.


Here is why the new PIP law is still in effect (in my opinion):
(1) Judge Lewis’ opinion is currently on appeal and the insurance companies are hoping that the Office of Insurance Regulation wins. The appeal will take at least 6 months.

(2) Some of the large insurance companies (Progressive, Esurance, Allstate, USAA) are still saying they will not pay above $2,500 without an Emergency Medical Condition diagnosis. Click here to view some samples sent to my clients. Look at your own Explanation of Benefits (“EOBs”) that you received.

(3) At the end of the day, the insurance company is the one who writes the checks. They know what Judge Lewis said and they obviously don’t care (except for State Farm). They will basically force you to hire a PIP attorney in order to collect the full $10,000 in PIP benefits.

Think about it this way– your patient has nothing to lose and everything to gain by getting an EMC diagnosis. Your patient could receive an extra $7,500 in medical care.


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