PIP or Personal Injury Protection coverage allows insured automobile drivers to receive funds from their insurance company in the event of an automobile accident, regardless of fault. This means that if you are involved in a car accident that you have caused, you can file a PIP claim; if you are in a car accident that was the fault of another driver, you can also file a PIP claim. Additionally, at the time of the accident, you need not even have been in a vehicle. You can still file a PIP claim even if you were a pedestrian injured by an automobile.

Many drivers in Maryland waive PIP coverage, and I get it – when you are shopping for car insurance, you want to keep costs down and therefore end up waiving all of the bells and whistles that drive up the monthly premium. Personal Injury Protection coverage is neither a bell nor a whistle and I encourage everyone to think before waiving this important coverage.

Personal Injury Protection Benefits

No one plans to be in an accident, but by their very nature, accidents are unplanned occurrences. By the act of purchasing insurance, you are planning ahead to protect yourself and your family in the event of an automobile accident and therefore you may as well have all of the protection available and necessary to maintain yourself and your family while you recover from your injuries. PIP coverage has the following advantages:

1. Coverage for you and family members in your household who are injured in ANY automobile accident;
2. Coverage for anyone injured while IN your automobile;
3. Coverage for pedestrians injured BY your automobile;
4. Coverage of all reasonable and necessary expenses incurred within three (3) years of the accident;
5. Replacement of 85% of lost wages if employed at the time of the accident; and
6. If unemployed, coverage for any reasonable and necessary expenses to provide for the care and maintenance of your family or household.

Effect of Waiving PIP

Waiving Personal Injury Protection coverage can have unintended consequences for more than just you, the driver. By waiving coverage, you waive it not only for yourself but you are also waiving it for members of your household over the age of 16 who are injured in an accident unless that individual has his/her own automobile policy and has not waived PIP coverage. Once coverage has been waived, no member of your household may file a PIP claim against your coverage or against the at-fault driver’s coverage. Additionally, waiving PIP coverage is like leaving money on the table – if you are in an accident, the amount of your pain and suffering damages is decreased by the number of medical bills incurred.

A Case of Simple Math

When injured in an automobile accident, you will undoubtedly incur medical expenses. For example, many victims will receive physical therapy at some point in their recovery. Either the doctor’s office will allow the victim to receive therapy with the expectation of payment in the future or the victim’s insurance will be billed. In either scenario, once the case is complete, the victim will either have to pay the doctor’s bill out of the settlement proceeds or reimburse their insurance company. Here is an example: If the case settles for $30,000 and the victim has incurred $10,000 in medical expenses, after payment of the medical expenses, the victim walks away with $20,000 (before any legal fees and expenses). IF the victim had PIP coverage, the victim would walk away with $10,000 more, for a total of $30,000 (before legal fees and expenses), because the PIP coverage would have paid for the medical expenses.

On average, Personal Injury Protection is $162 per year, or 44 cents per day, in the State of Maryland for the minimum coverage of $2,500. Check your policy. If you have waived Personal Injury Protection, call your insurance company and add it back to your policy immediately. Not only should all drivers have Personal Injury Protection, but they should also get more than the minimum and purchase as much protection as they can afford.

1. Me Me Me Me Me

There is no “I” in team but there is an “m” and “e” and you are ok with that. Over time you have gone from desiring to build a life together to being solely concerned with your own well-being. In a healthy relationship, a couple works as a team on issues such as parenting, running a household and supporting one another. As a marriage nears dissolution, one, or both partners inch away from team building and closer towards self-sufficiency.

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2. You feel alone even when you are together

At one time, you were each the center of one another’s world. You felt as though you mattered. Now, even when you are sharing the same space, you feel as though you are not only alone, but, you often feel lonely.

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3. You are having sex, just not with each other

Although infidelity does not have to mean the end of a marriage, sexual relations with persons outside of the marriage are a good sign that divorce could be on the horizon. Not only is this behavior disrespectful to your relationship, but, it is disrespectful your body. When your partner sleeps with another person and then returns to the marital bed, returning to that bed is also the object of the affair and everyone s/he has ever slept with. If you are going to sleep with that many people, you may as well be single and enjoy it.

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4. Communication is key, but the locks have been changed

You don’t talk the way you used to talk. Everything you say has the potential to turn into an argument, so much so that you are figuratively walking on eggshells to avoid the fallout. When asking about the weather turns into WWIII, it is a clear indication that you have lost the ability, and the desire, to communicate in a healthy manner. Healthy, productive, communication is necessary for a healthy relationship. Absent this key component, it may be time to move on.

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5. You find reasons not to come home

Suddenly, your social calendar takes on renewed importance and you would rather be anyplace than at home with your spouse. When one or both partners is unwilling to spend time together creating intimacy healthy marriages need, it is a clear sign the marriage is in jeopardy.

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In Maryland, at the time of birth, or shortly thereafter, the alleged father may voluntarily sign a form called an Affidavit of Parentage attesting to being the father of the child in question. This document may be rescinded within 60 days after the last party signed by executing a Rescission Form for Affidavit of Parentage. Once 60 days have elapsed, nullifying the Affidavit of Parentage is mostly a losing battle. Absent a showing of fraud, duress, or material mistake of fact, striking the “father’s” name from the certificate is nearly impossible. Therefore, a man who is not 100% sure that he fathered the child in question should not sign an Affidavit of Parentage prior to consulting an attorney.

Proving Paternity

Where an Affidavit of Parentage has not been signed and paternity is in question, the courts may order genetic testing. Testing is completed in the form of a quick swab of the cheeks of the mother, child and alleged father and the results are determined within 4-6 weeks. In Maryland, the DNA laboratory results must show that there is a 97.3% statistical chance that the alleged father is the father. If the father still denies paternity after receiving the results of the testing, the results may be used as evidence in a trial where the courts will pass an order establishing paternity and child support.

Establishing paternity is key to child support and custody issues of course, but, it also allows the child the benefit of definitively knowing who his father is, developing a relationship with his father and father’s family, obtaining medical information and health insurance and it also allows the child to be considered an heir at the time of the father’s death.

Paternity is a complicated legal issue that often requires competent legal assistance. Before signing any documents or if documents have already been signed but paternity is now in question, contact West Law Firm to discuss your options.

MUTUAL CONSENT DIVORCE

Divorce does not have to be a long and drawn out process. In Maryland, when both parties are on the same page, Mutual Consent Divorce may be the best option. Filing for divorce on this ground can be relatively inexpensive, fast, and easy. In order to go this route, the spouses must meet the following criteria:

• Have a signed settlement agreement that resolves property issues, alimony and issues related to dependent or minor children;
• Neither party seeks to set aside the settlement agreement prior to the divorce hearing;
• Attach a completed child support guidelines worksheet to the settlement agreement if the agreement includes provisions for the payment of child support;
• The court must be satisfied that the settlement agreement is in the best interests of the minor or dependent children, if any.

12 MONTHS SEPARATION – UNCONTESTD DIVORCE

When Mutual Consent is not an appropriate ground, one party may still file for an uncontested divorce. Where the parties have led completely separate lives and have lived under separate roofs and have not had any sexual relations for a minimum of 12 months, either spouse may file for divorce on the grounds of voluntary separation or desertion.

To begin the process of filing for your divorce in Maryland, contact West Law Firm to schedule your complimentary 15-minute discovery call today.

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