In a Cape Cod car accident case, one or both parties may initially seek payment of “personal injury protection” benefits from his or her insurance company. Ideally, these benefits are available immediately after the accident, regardless of fault. However, complications can arise, and not every driver receives the benefits to which he or she is entitled – at least not without a fight.
Facts of the Case
The plaintiff in a recent case was a medical services provider that sought to recover unpaid personal injury protection (PIP) benefits, which it alleged the defendant insurance company should have paid on behalf of a woman who was injured in a car accident. The trial court granted summary judgment to the defendant, accepting its defense that it did not owe any PIP benefits due to an exclusion in the insurance policy at issue to the effect that no benefits are to be paid when the claimant contributed to his or her own injuries through the use of alcohol. The plaintiff appealed.