If you were hurt in a car accident in Washington and you carry Personal Injury Protection (PIP), your own insurer pays your reasonable medical bills right away, no matter who caused the crash. You do not have to wait to prove fault, and you do not have to wait for the other driver's insurance company. That is the entire point of PIP: fast, no-fault medical coverage so you can get treated while the larger claim plays out.
Here is how PIP works in Washington, what it covers, and the mistakes that cost people this coverage.
Do I have PIP if I never asked for it?
Very possibly. Washington law requires every auto insurer to offer PIP on each new and renewed policy, and you can only decline it by signing a written rejection (RCW 48.22.085). If you never signed a form declining PIP, you almost certainly have it, even if you do not remember buying it. When people say "I don't think I have PIP," sometimes there is coverage, and it is worth checking your declarations page or asking your agent before you assume you are on your own for medical bills.
What does PIP actually cover?
Standard PIP in Washington includes four categories of benefits (RCW 48.22.095):
- Medical and hospital expenses — at least $10,000 per person for reasonable and necessary treatment related to the accident (higher limits are available).
- Lost income — wage-replacement benefits if your injuries keep you from working.
- Loss of services — the cost of help with tasks you can no longer do yourself, such as childcare or household work.
- Funeral expenses — a benefit in the event of a fatal crash.
Because it is no-fault, PIP pays these benefits whether the crash was your fault, the other driver's, or shared.
Does using PIP raise my rates?
Generally, it should not. PIP is a no-fault benefit you paid for as part of your policy, and using it after a crash that was not your fault should not be treated the same as an at-fault accident. However, insurance pricing is complex. Even when a driver is not at fault, a claim can sometimes affect renewal pricing indirectly, such as through the loss of a claims-free or accident-free discount or other underwriting factors. For most people, that is not a good reason to forgo benefits they have already paid for and are entitled to use. If your insurer discourages you from using valid PIP benefits or suggests that a not-at-fault PIP claim will be treated as an at-fault accident, consider seeking advice about your rights.
What happens to PIP when I settle with the other driver?
This is where people get surprised. When you recover from the at-fault driver, your PIP insurer generally has a right to be reimbursed for what it paid — this is called subrogation. But Washington law limits how and when an insurer can recoup PIP, and it cannot leave you worse off than if you had never had the coverage. In practice, the amount an insurer is actually entitled to recover is often negotiable and frequently reduced. Handling this correctly can put real money back in your pocket at the end of a case, and it is one of the details an experienced lawyer watches closely.
Does PIP or my health insurance pay first?
In Washington, PIP is primary for injuries from a car collision, which means it pays before your health insurance, regardless of the health coverage you carry. This is not a choice between the two: you generally have to use PIP first, and a health insurer can deny or hold off on accident-related care until your PIP is exhausted. Some health plans pay anyway, but they are not required to. Because PIP has no deductibles, copays, or network restrictions, using it first usually works in your favor, and coordinating it correctly at the end of the case keeps more of your settlement in your hands.
Talk to a Washington attorney about your PIP
PIP is one of the most valuable and most misunderstood coverages Washington drivers carry. If you were injured in a crash around Federal Way or the South Sound, we can confirm what PIP you have, make sure it is being used correctly, and protect it from being over-recovered at settlement. Call or text (206) 429-5227 or contact us here for a free consultation.
Related: Insurance after a car accident in Washington: the full guide · Uninsured & underinsured motorist coverage
