Court rejects No Fault PIP insurer's claim that it could avoid paying benefits because notice went to wrong "owner" originally
Dianna Brooks filed a PIP action after she was hurt while an occupant of a Budget rental car driven by her sister. She reported the claim to employees at the Budget counter, but ultimately received PIP benefits from Starr Indemnity, her mother's insurer. When Starr recognized that she didn't reside in the same household, it referred her to State Farm--who insured her sister. The injury victim, the original insurers, and providers then sued PV Holding--the self-insured owner of the Budget rental fleet.
PV Holding claimed that the notice pf injury provided to Budget was not adequate because Budget was not designated its agent for receiving a PIP notice. The Court of Appeals rejected this argument, but did agree that the court should limit any collectible damages to "one year back" from the date the amended complaint identifying PV Holding as the proper defendant was filed.