Applying Comp Negligence in PIP and Med Pay for Passengers

In states that follow modified comparative negligence or contributory negligence laws, the recovery of a driver’s PIP or Med Pay claim would be barred. However, the recovery of a passenger’s claim would not be (assuming the passenger did not contribute to or cause the accident).

To ensure accurate and correct awards when multiple features are filed (driver and occupants), Total Recovery Solution® (TRS®) will apply the loss state’s negligence law and modify awards accordingly.

Example — A filing is submitted with three features: a driver and two occupants. The loss state follows modified comparative negligence where 50% liability bars recovery.

Injured Party
Amount Sought Liability Assigned Award
John Doe Driver $2,000 50% $0
Sally Doe Occupant $2,000 50% $1,000
James Doe Occupant $2,000 50% $1,000