Legal Question in Personal Injury in Ohio

Re: PIP Coverage

There is no mandatory no-fault PIP law in the state of Ohio. Your client may be entitled to medical payments only, if provided for in her auto policy. Otherwise, I advise Ohio clients to bill their medical insurance, then settle the health insurer's subro claim against the liability carrier. Good luck.

Re: PIP Coverage

I recently concluded a case involving an Ohio insured injured in Massachusetts, by a Florida tortfeasor. My client was able to collect under his underinsured coverage, under Ohio insurance contract law (Mass. law would not allow additional recovery). General rule is that tort liability of the situs of injury applies. UM coverage is under Ohio law, that is, must show 1)the tortfeasor is liable under the law of the situs of injury; and 2) the extent of injury. Choice of law question is pending before Ohio Supreme Court (Csulik).