How PIP Works in Washington, Explained by an Injury Lawyer
Written by Brandon Ritchie, Attorney at Law
I’m not going to sugarcoat it. Medical care after a crash is expensive. If your emergency room visit included a CT scan or other diagnostic testing, you may have run up more than $10,000 in bills before you ever left the hospital.
One of the most common questions I hear after a crash comes with a stack of medical bills attached: “Who is supposed to pay for all this?” Most people assume the other driver’s insurance will pay as the bills come in. It doesn’t work that way. The at-fault driver’s insurer usually pays once, at the end, when the case settles.
In the meantime, the coverage that keeps the bills paid is usually your own. In Washington, it’s called PIP, and it’s one of the most misunderstood parts of an auto policy.
What PIP Is
PIP stands for personal injury protection. It’s coverage on your own auto policy that pays for your medical bills and some lost income after a crash, no matter who caused it. You don’t have to prove the other driver was at fault. You don’t have to wait for a settlement. You file with your own insurance company, and they pay according to the policy.
That makes PIP the first money in almost every injury case I handle.
Do You Have PIP?
Maybe. Washington requires insurance companies to offer PIP on every new and renewed auto policy, but it lets you turn it down in writing (RCW 48.22.085). Once you reject it, that rejection carries forward to your renewals until you ask, in writing, to add it back.
Here’s the kicker. A lot of people reject PIP to save a few dollars when they first buy a policy, often without really understanding what they signed, and then forget about it for years. The only way to know for sure is to look at your declarations page or call your agent and ask, “Do I have PIP, and what are my limits?”
What Washington PIP Pays
Washington sets minimum PIP benefits that insurers must offer (RCW 48.22.095; definitions in RCW 48.22.005). Many insurers sell higher limits, so your policy may pay more.
| Benefit | Minimum limit | Key rules |
|---|---|---|
| Medical and hospital | $10,000 | Covers expenses incurred within three years of the crash |
| Income continuation | $10,000 | Up to $200 per week; begins 14 days after the crash; ends when you can return to work, after 54 weeks, or at death; combined with other wage benefits, can’t exceed 85% of your weekly income |
| Loss of services | $5,000 | Pays for help with things you can’t do, like childcare or housework; up to $40 per day and $200 per week, for up to 52 weeks |
| Funeral | $2,000 | Funeral expenses |
In my experience, most PIP policies I see carry $10,000, $35,000, or $50,000 in medical coverage. Ten thousand dollars sounds like a lot until you see an ER bill. An ambulance ride, imaging, and a few months of physical therapy can use up the minimum faster than most people expect.
Who PIP Covers
PIP generally covers you and relatives who live in your household, along with passengers riding in your insured car. Depending on your policy, it may also cover you when you’re hit as a pedestrian or on a bicycle. Read your policy’s definition of an “insured,” or have someone read it for you, because the details vary.
In some situations, more than one PIP policy can apply. For example, if you were a passenger in someone else’s car and that car’s owner has PIP, and you also carry PIP on your own policy, both may be available. It’s worth asking.
How PIP Works With the Other Driver’s Insurance
Think of it in two stages.
- Right away: your PIP pays your medical bills and part of your lost wages as they come in, up to your limits.
- At the end: the at-fault driver’s liability insurance pays a settlement for the full harm, including pain and suffering, which PIP never covers.
When the case settles, your PIP insurer usually wants to be paid back for what it covered. Washington protects injured people here. Under the Washington Supreme Court’s decision in Thiringer v. American Motors Insurance Co., 91 Wn.2d 215 (1978), an insurer generally can’t be repaid until you have been fully compensated for your damages. And under Mahler v. Szucs, 135 Wn.2d 398 (1998), when the insurer is repaid, it must pay its share of the attorney fees and costs spent recovering that money. In real terms, that often puts more of the settlement in your pocket, and it’s one of the places a lawyer earns their fee.
Common PIP Problems
I have seen good people lose PIP benefits for reasons that were completely avoidable. The most common ones:
- Waiting weeks to see a doctor, which gives the insurer a reason to question whether the crash caused the injury
- Skipping appointments or quitting therapy early
- Not returning the PIP application and forms on time
- Missing an exam the insurer schedules with a doctor it chooses (often called an “IME”)
- Assuming there’s no PIP, or assuming there is, without checking
- Refusing to open a PIP claim out of fear that it will raise your insurance premiums
About those exams. The insurer calls it an “independent” medical exam, but the doctor is chosen and paid by the insurance company, and the exam is usually requested to decide whether your PIP benefits should keep paying. I must admit, in my experience almost every one of these exams comes back unfavorable for my client. It’s in the insurer’s interest to close the file.
So when an insurer decides your treatment is no longer “reasonable and necessary,” don’t just stop treating. Ask for the decision in writing and talk to a lawyer about whether it can be challenged.
Should You Carry PIP?
Yes. If you have PIP, use it. It pays the bills up front, and it helps keep them out of collections while your claim is still open. If you don’t have it, add it, at the highest limit you can reasonably afford. The truth is, the benefit of this coverage far outweighs its small cost. It’s the coverage that keeps the bills paid while everything else takes months.
If you ever move or drive in a state that doesn’t use PIP, look for the closest equivalent. In many states it’s called medical payments coverage, or “med pay.” It works differently from state to state, but the idea is the same: your own policy pays your medical bills first, no matter who caused the crash.
While you’re on that call, ask about underinsured motorist (UIM) coverage too. Washington’s minimum liability insurance is only $25,000 per person (RCW 46.29.090), so if you’re hurt by a driver with a minimum policy, your own UIM coverage is often what makes you whole.
Frequently Asked Questions
These are some of the questions I hear most often about PIP coverage after a Washington crash. The answers below explain the basics.
Is PIP required in Washington?
No. Insurers must offer it, but you can reject it in writing. Many people have rejected it without realizing it.
Does PIP pay if the crash was my fault?
Yes. PIP pays regardless of who caused the crash.
How long do I have to use PIP for medical bills?
Washington PIP medical benefits cover expenses incurred within three years of the crash, up to your policy limits.
Does PIP pay for pain and suffering?
No. PIP covers medical bills, part of lost income, help with household services, and funeral costs. Pain and suffering comes from the at-fault driver’s insurance, or your own UIM coverage.
Do I have to pay PIP back?
Often, the insurer is entitled to be reimbursed from a settlement with the at-fault driver. Washington law limits that right in ways that usually help the injured person, which is worth discussing with a lawyer before you settle.
What if my PIP runs out?
Your health insurance usually steps in next, and those bills become part of your claim against the at-fault driver. Be aware that some providers refuse to bill health insurance for crash injuries. If bills start piling up, paying even a small amount each month can keep them out of collections until the case settles.
Nobody Has a Money Tree
In my first book about car accidents, I titled the chapter on medical bills “Now Is the Time to Plant a Money Tree.” I was only half joking. Nobody has a money tree, which is exactly why PIP matters so much.
You don’t have to be an insurance expert. You just have to know what you carry before you need it. Pull up your declarations page this week and look for three letters: PIP. And if you’ve been hurt and the bills are already piling up, call our office at (509) 396-5577. We’ll help you sort out who pays for what.
About the Author
Brandon Ritchie is the founding attorney of Ritchie Reiersen Injury & Immigration Attorneys, based in Kennewick, Washington. He has personally resolved well over a thousand car accident claims and is the author of After the Crash and the Car Accident Crash Book. Brandon earned his law degree from the University of Idaho College of Law and an MBA from Washington State University.