The term PIP stands for “personal injury protection.” PIP insurance is a type of no-fault insurance coverage required under Florida Law. PIP covers medical expenses, lost wages, or expenses up to $10,000 for the driver and anyone riding in the car with the same residential address. Florida lawmakers codified a PIP coverage requirement to reduce the number of lawsuits.
Still, the process of PIP claim submission can be daunting to the average person. Working with an injury attorney to sort through the PIP claim process is usually advisable for anyone recovering from an accident.
What is PIP?
The State of Florida is considered a “No-Fault” state and, as such, requires PIP coverage for all drivers. The PIP requirement aims to reduce the number of lawsuits from automobile accidents. Protection from personal injury claims is supposed to help ensure that your medical bills get covered without bringing a lawsuit against another driver for small amounts.
Florida law requires drivers to report car accidents, especially if the accident caused bodily injury, death, over $500 in property damage, caused by a drunk driver, or was a hit-and-run. As such, PIP assists in recovering lost costs while your claim against the other driver gets processed.
What Does PIP Cover?
After an accident, regardless of who might be liable for the crash, PIP will cover up to 80% of your medical expenses, up to 60% of lost wages, and other associated costs.
In Florida, PIP is considered a “primary payer,” so this coverage will always be the first source of payment sought by medical providers. Florida state mandates at least $10,000 in PIP for immediate assistance after an accident. As a result, PIP can sometimes cover all your medical expenses without ever impacting your health insurance.
Limitations of PIP
Each No-Fault State may differ regarding specific limitations for personal injury protection coverage. In Florida, PIP is limited to paying 80% of medical bills, 100% of replacement services, and 60% for lost wages.
Replacement services include things you can’t do for yourself or your family due to an accident, like house cleaning or child care. In the event of a fatality, PIP coverage will provide compensation up to $5,000.
PIP can cover most types of medical care. For example, chiropractic treatment and dental visits get covered by PIP, but some alternative medicine or fringe benefits may fall outside the scope of coverage. Surgical services, medication, diagnostic services, ambulatory services, and rehabilitation are all covered by PIP.
To learn more about the extent of PIP coverage in Florida, you should consult an experienced injury lawyer who can evaluate your situation. Unfortunately, the State of Florida recently changed the law regarding PIP coverage to disallow recovery of attorney fees when you file a lawsuit to recover PIP insurance. This recent change to Florida’s PIP law may have a chilling effect on lawsuits brought to recover PIP coverage, and it may encourage insurance companies to deny PIP claims that they should be paying. If you aren’t sure whether PIP coverage applies to your situation, you can always contact the attorneys at Brian D. Guralnick Injury Lawyers. Our team has decades of experience successfully helping clients secure fair and appropriate compensation.
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Who is Covered by Your PIP Insurance Policy?
PIP will cover all involved in a vehicle incident, even if you are driving a car you don’t own, like a rental car. PIP will also cover you when riding as a passenger in someone else’s car or struck by a vehicle as a pedestrian or bicyclist.
PIP coverage will also cover your family if they reside at the same address, so it is essential to list all your family who have access to your vehicle on your insurance policy. Personal injury protection will also cover anyone who was a passenger in your car.
As a rule of thumb, nonresidents are generally exempt from the PIP coverage requirement. That said, if a vehicle has been present in the state for more than ninety days, the owner—resident or nonresident—must obtain PIP coverage. If a driver fails to obtain PIP coverage, they are subject to license suspension.
How Do You Make a PIP Claim?
The first step to filing your PIP claim is to collect all relevant information and evidence, including medical records, statements from witnesses, pictures of the accident scene, and police reports, as well as the time and place of the accident and the name/s and phone numbers of all involved drivers. Once you have gathered all the necessary evidence, you must contact your insurance company to file the claim.
You can report the accident to the Florida Highway Safety and Motor Vehicles (DMV) within ten days of the accident to avoid a noncriminal driving ticket.
Remember, you can also work with an experienced personal injury lawyer to help guide you through this process.
How are PIP Claims Processed?
Once you or your attorney have submitted your claim, your insurance company will review it and decide whether to approve or reject it. The more evidence you can provide, the stronger your claim and the better your compensation.
It is important to remember that the statute of limitations for auto accidents in Florida is up to four years from the accident date. If your claim files past this deadline, the court cannot guarantee that they will hear your case.
Final Thoughts
At Brian D. Guralnick Injury Lawyers, we know how important it is to secure fair compensation from an insurance company. Our experienced Florida injury lawyers diligently ensure you receive the compensation you deserve. We have over three decades of experience providing our clients with the highest legal advice and representation.
If you have suffered an injury in a car, motorcycle, or other vehicular accident, our team of professionals stands ready to fight for your rights. Contact the office of Brian D. Guralnick Injury Lawyers today for a free case evaluation to learn more about how we can help you secure your legal rights and recover from your accident!
