Quote Originally Posted by indysteel View Post
Your PIP insurance sounds similar to uninsured/underinsured motorist coverage. I have it, but you're not required to carry it in my homestate. I had to make a claim against it a few years ago. My insurer paid to have my car repaired but then was entitled to seek indemnification from the uninsured driver. My insurer also had some recourse under state law to see to it that the driver's license was revoked. I have no idea what ultimately happened in my case.

That, however, is different from the situation we have here. Owlgirl will either have to pay out of pocket and/or with her own medical insurance for any damage/injury that she sustained. Her medical insurer has no right to indemnification against the driver's insurer or the driver. So, if she wants to hold the driver liable, she will have to go after them herself, ideally with the help of an attorney. It is possible that the driver's insurer will voluntarily offer her something but it may be insufficient to really cover her losses and will likely be contingent on her signing a release.
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In CAlif, your health ins can legally come after a post-accident settlement. I had to surrender part of my settelment bucks, but I was ok with that.
In the USA, most personal injury attorneys will work on contigency. i.e. the will take a flat rate (most likey a third) of whatever the final settlement with the ins company will be. I found it was more than worth it in several ways to have Legal representation than to DIY