By: Matthew Tievsky
The high court of D.C., the Court of Appeals, has handed down an important
decision that may affect your automobile insurance policy. The decision
applies if your policy is a D.C. policy. The case is called
Hubb v. State Farm. The Court held that if you receive Personal Injury Protection (PIP) benefits
(a kind of insurance benefit that gives you money immediately after a
car accident, whoever was at fault), but then you recover money from the at-fault party
through a settlement or a lawsuit, your insurance company can require
you to pay the PIP benefits back. Previously – for the last thirty
years, in fact – it was thought that the insurance company could
not compel you to repay.
Whether this decision applies to you depends on whether your auto policy
was issued in D.C. That means it can apply to you even if you were in an accident outside
the District, such as in Northern Virginia. In contrast, if your policy
was issued in Virginia, it is Virginia law that will apply, and there
is a statute that specifically stops insurance companies from making you
repay your PIP benefits.
If you have questions about what insurance benefits are available to you
after an auto accident, you should contact the Northern Virginia car accident
lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C.