What PIP Law Is Controlling for Out-of-State Accident?

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List of Washington, D.C. numbered highways

List of Washington, D.C. numbered highways (Photo credit: Wikipedia)

We frequently represent clients who have PIP and uninsured motorist claims in Maryland for accidents that happened outside of Maryland.  Maryland does not allow for subrogation of PIP.  Many other states, notably the D.C for Maryland lawyers, does.  So what law controls?

Under our law there is no subrogation for medical payments for PIP policies.  The insurance companies will argue that the controlling law is where the accident happened.  This is a correct statement of tort law but an incorrect statement of contract law.  If the car at issue was principally garaged or principally used in Maryland, then Maryland law will apply.  

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