After a car accident in Florida, you must file a claim against your PIP insurance to cover certain expenses related to your injuries. This rule applies regardless of who was at fault. This is why Florida is called a no fault state.
PIP (Personal Injury Protection) is required insurance on every vehicle registered in Florida. The only difference between car insurance policies is whether you have a deductible.
Table of Contents
How PIP Works in Florida After a Car Accident:
What Is Personal Injury Protection (PIP)?
Personal Injury Protection (PIP) is a type of car insurance coverage that covers medical expenses, regardless of which driver was at-fault for the accident. PIP is mandatory in Florida, making it a ‘no-fault’ state.
PIP works on a no-fault basis. As a PIP claimant, you don’t need to prove that someone else was responsible for your injuries. However, because of that, there are very specific PIP claim requirements (as listed below),
Medical Attention Required within 14 Days
Personal Injury Protection car accident claims in Florida require that you receive medical attention from a medical professional within 14 days of the accident. You need this as evidence of your injuries.
The medical professional must determine if your injuries classify as an ’emergency medical condition’ as per the PIP statute.
Set Up a PIP Claim
Setting up a PIP claim is very simple. All you need to do is call your car insurance company, report that you have injuries and get a claim number. Once you get the claim number, simply give it to your medical providers and they will handle the rest. The insurance company is required to pay the bills within 30 days.
What Does PIP in Florida Cover?
Personal Injury Protection is required to pay benefits for the following areas:
Who Does PIP Cover?
- The policyholder
- Any relatives living with the policyholder who isn’t required to carry their own PIP.
- Anyone driving the policyholder’s car with permission.
- Anyone struck by the vehicle who otherwise does not carry PIP (example-pedestrian/bicyclist/e-bike/e-scooter).
- Up to $10,000 in medical expenses if the injury is diagnosed as an ’emergency medical condition’.
- Up to $2,500 in medical expenses for non-emergency medical conditions.
- Covers 80% of eligible medical expenses.
Disability/Lost Wage Coverage
- Covers 60% of wages lost.
- Up to $10,000 in combined disability and medical coverage for related expenses.
- Up to $5,000 per person in death benefits.
- Paid in addition to medical or disability benefits.
- Payable to the deceased’s estate, surviving spouse or relative.
No-Fault Law Exclusions
- Insurers can deny PIP benefits to relatives living in the same household if they’re injured in a separate car owned by the PIP policyholder that is not included in the policy.
- Coverage can also be denied if the injured person intentionally caused the injury or the injury was suffered in a felony crime – such as a reckless DUI accident.
Does a Car Accident Lawyer Take a Fee Out of PIP?
No. Car accident lawyers do not charge a fee out of the PIP benefits. The PIP payments go directly to the medical providers. A car accident lawyer only charges a fee on the Bodily Injury/Uninsured Motorist portions of the claim. Thus, there is no need for you to worry about not getting medical treatment.
What Happens If I Don’t Have PIP in Florida?
If you don’t have Personal Injury Protection coverage in Florida, you are on the hook for your bills if you were at fault for the accident. But, if you were not at fault, you can still get your bills paid against the insurance company for the at fault company.
How to Put Money in Your Pocket
PIP in Florida after a car accident provides a relatively simple safety net for injured people. However, if you were not at fault for the accident, there is a way to put money in your pocket by hiring a lawyer.
A personal injury claim is a legal claim made against the insurance company. It does not mean that you have to file a lawsuit or ever have to go to court.
Compensation Available Through a Personal Injury Claim
Personal injury claims can bring compensation for:
- Economic Damages:
- Medical bills
- Cost of future medical care or treatment
- Lost income and income potential
- Any other out-of-pocket expenses related to the accident
- Non-economic Damages:
- Pain and suffering
Useful PIP Related Definitions:
These abbreviations and definitions can help you when researching PIP or talking to your insurer:
- Bodily Injury Liability (BIL): When someone is responsible for paying for an injury or death.
- Property Damage Liability (PDL): The cost of damage to other people’s property.
- Judgment: When a jury decides a civil lawsuit for damages caused in a car accident.
- Civil lawsuit: A lawsuit where one party files a lawsuit to recover damages.
- Property Damage Liability (PDL): The damage to other people’s property.
- SR22: An insurance document that certifies BIL and PDL.
Contact a Personal Injury Lawyer in Florida
If you have been injured in a car accident in Florida through no fault of your own, you may have a case. Please do not wait to get advice. The first few days after the accident are the most important. Contact us immediately for a free consultation.