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Q.

This question was answered based upon current rules, regulations & statutes in effect on March 21, 2017

I received a call from an agent with a PIP question.

  • Client rented a car on vacation
  • Rental involved in an accident with injury to client (who was not at fault)
  • Safeco is saying that they will not pay out on PIP because the client was not in their car and they have to go through rental car company

What do you say?

A.

Irene Morrill:  If the rental car is a vehicle insured under a MA BAP then SAFECO is correct one always get PIP from the MA insured vehicle that one is in.

If rental car is NOT insured in MA then SAFECO is incorrect and client goes back to MAP in name or family. And if multiple vehicles in family they all have to share.

MM9911 amendatory language for BAP

B. Who Is An Insured

  1. You and, if there form of your business under Item One of the Declarations is shown as
    an individual, anyone living in your household while:
     
    1. "Occupying" a covered "auto"
    2. "occupying:" an auto which does not have Massachusetts Compulsry Auto
      Insurance; or

    3. a "pedestrian" struck by an auto which does not have Massachusetts Compulsory
      Auto Insurance.
  2. Any other person while:
     
    1. "occupying" a covered "auto" with your consent;

    2. a pedestrian injured by a covered "auto" in Massachusetts or any Massachusetts
      resident who, while a pedestrian, is struck by a covered "auto" outside of
      Massachusetts.

Which is essentially same language as under MAP

Agent:  Thanks Irene,

Of course none of these rental cars are insured in MA

Thanks again

Irene Morrill:   Then the MAP pays.  And technically all family policies pay a share of the 8,000 limit

We  will pay PIP to or for:

  1. You, or any other person, if injured while occupying your auto with
    your consent.

  2. You, or anyone living in your household, if injured while occupying
    an auto which does not have Massachusetts Compulsory Insurance or if
    struck by an auto which does not have Massachusetts Compulsory
    Insurance. 

I “assume” no PIP deductible

Last paragraph under PIP

If anyone covered under this policy is also entitled to PIP benefits from
any other auto policy, the total benefits payable will not be more than
the highest amount payable under whichever one of the policies would
have paid the most.  In that case, each insurer will pay only its
proportionate share.  We will not pay benefits under this Part which
duplicate payments made under the No-Fault coverage of any other
auto policy. 

This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

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