Florida PIP Laws
In the state of Florida, it is mandatory that all drivers carry personal injury protection or “no-fault” car insurance. Personal injury protection insurance, or PIP, will pay for any injuries you experience from a car accident, despite who may have been at fault.
What is Covered by PIP Insurance in Florida?
Many medical costs, if not most, are covered by PIP. It also covers death benefits and lost wages. In Florida, you get to decide if you want your PIP to cover other household members or just you. The state also only pays 80 percent of your PIP-covered medical expenses. If you have $5,000 worth of injuries, PIP is going to pay $4,000 of it.
Some practices, like acupuncture or massage therapy, are not covered as part of PIP law changes that were made. Below are eligible PIP claims:
- Rehabilitation costs
- Ambulatory services
- Medical services
- Surgical procedures and services
- Hospital expenses
- Diagnostic services
However, if you weren’t treated within 14 days of your car accident, then no PIP coverage applies. PIP coverage also applies if you owned the car that you were driving at the time of your accident, or if your blood relative or spouse owned it. The claim you make must be with your PIP insurance carrier.
Eligibility for PIP Benefits
Nobody wants to skip work due to an accident and not get paid. If you have to take time off from work due to your accident, then you will have to provide your insurance provider with a “Wage and Salary Verification.” This is a document that will show how much you had earned working in the 13 weeks before the accident in order for the insurance provider to be aware of how much they have to pay you. PIP coverage covers up to 60 percent of missing wages.
On top of this, if the injuries you’ve sustained from your car accident are not considered to be an emergency, PIP will entitle you to only $2,500 worth of benefits. However, this should not be of much concern if you have a reliable and solid health insurance policy that will cover the remaining costs.
How Do I File a PIP Claim in Florida?
As previously mentioned, any injuries you experienced from a car accident must have been treated within two weeks of the incident in order to be eligible for a PIP claim, or else it will not be considered or accepted. Because Florida has a high rate of insurance fraud, your insurer has 60 days, or roughly two months, to check out any claims you make about falsehoods.
Despite this, they still have to pay for your damages within 30 days even with any falsehood suspicions. If an insurance company is giving you trouble, make sure to trust in a personal injury lawyer to make sure you get your PIP payment.
If you have recently been in a car accident and are having trouble understanding Florida PIP laws, make sure you are getting the right help you need. Berge Law, P.A. is able to help you get the PIP benefits you deserve. Call (727)645-6683 now for a free consultation.
If you own a car in Florida, you are required to have Personal Injury Protection (PIP) on your auto insurance policy.
By law, Florida residents that own a vehicle are required to have Personal Injury Protection, also known as PIP, as a part of their automobile insurance coverage. In the event of an accident, it pays for your injuries regardless of who is at-fault.
Accident attorneys work to recover benefits for your medical bills, lost wages, and other expenses that
result from your car accident. They can inform you of your rights and guide you through the Florida no-fault system.
What Does PIP Cover in Florida?
If you are the insured on your policy, then PIP pays for your injuries if you are hurt in a car accident – whether you are a driver/passenger of your own car or anyone else’s. Relatives who live with you can qualify for benefits under your PIP, as well as others who are injured while driving or riding in your insured car with your permission.
If your relative or friend has their own PIP policy because they own a car in Florida, then their own insurance company pays for their injuries even if they are driving or riding in your car.
Some drivers are not required to have PIP for themselves or passengers in specific vehicles. These vehicles include:
School buses (injured children are protected by their parents’ coverage)
Motorcycles and other vehicles with less than four wheels
Vehicles that aren’t self-propelled, such as mobile homes or inoperable vehicles
The Financial Limitations of PIP
PIP is required in the state of Florida. There is a minimum amount of how much coverage you are required to carry, which differs from state to state, but in Florida you are required to have:
$10,000 in PIP
$10,000 in property damage liability (if the car accident caused property damage)
Every time you are in a serious car accident your auto insurance will cover you up to your limit of $10,000 or more for:
Any other damages, such as lost wages and funeral expenses if a death occurs.
As the year goes on, you may find yourself in another auto accident. This would certainly seem confusing, but your PIP coverage will essentially restart. You’ll get another $10,000 worth of coverage for that car accident, because it is a completely new and separate claim. When you purchase car insurance coverage, it is important to consider the overwhelming medical bills and lost wages that can occur as a result of a catastrophic auto accident.
There are certain limitations to PIP that you should also be aware of:
If a medical expert determines an injury is a “non-emergency” than your PIP coverage for medical expenses is limited to $2,500.
There are also certain treatment options excluded from coverage, including acupuncture and massage therapy.
After you make your decision, Berge law, P.A. will work to pursue all benefits available under your PIP policy.
The Issues With Multiple Cases
The are some problems though with getting into multiple car accidents in one year. For example, if you have a car accident that is particularly serious, your doctor may go through your PIP benefits and still have the need to use your health insurance. Then if you have another car accident in the same year, it could adversely affect the first car accident.
One reason is that you may need some of the benefits from the first car accident for the second car accident. Also, your personal injuries from the first car accident may have simply been made worse by the second. It may be difficult for doctors and physicians to determine where the injuries originally came from.
For these reasons, it’s important to collaborate with your doctors and auto accident attorney immediately following another car accident. Some of the nuances that may come with multiple claims may be easily taken care of when they are notified as soon as possible.
What Benefits Can I Get From PIP?
If you’re hurt in a car accident, even if it was your fault, you’ll probably need medical attention. PIP pays up to 80% of your medical bills or expenses if you use qualified treatment. This includes medically necessary:
Medical, surgical, X-ray, dental, or rehabilitative services
You have 35 days to submit documentation and bills regarding your medical treatment to your health insurance company and you have 14 days to seek medical treatment following an accident. The insurance company can avoid paying for your injuries if these deadlines are not met. If the car accident results in the insured driver’s death, then their estate is entitled to $5,000 in death benefits.
Do I Need an Attorney to Get PIP Benefits?
PIP is supposed to protect you from the unexpected medical bills and stress of lost wages after an accident. But if your insurance company is disputing your claim or not paying the full benefits you are entitled to, then you need an insurance attorney on your side.