YOUR GUIDE TO PERSONAL INJURY PROTECTION
Florida is a no-fault state. This means that when you experience a road injury, both parties can submit claims to their insurance companies, whether or not you are at fault. This law makes the procedure of personal injury protection in Florida different from other states.
Learning about your options is important to help you protect yourself in the event of an accident. This guide will give you the information you need to protect yourself in the event of a car accident.
Receiving Personal Injury Protection in Florida
The no-fault law in Florida makes it easier for people to receive access to financial aid for personal injuries and may reduce the need for lawsuits. It also means that everyone needs personal injury protection (PIP) insurance. If you are registering to purchase a vehicle, you will need to have PIP insurance.
Florida’s 14-Day PIP Medical-Treatment Rule
Florida law generally requires initial qualifying medical services and care within 14 days after a motor-vehicle accident for PIP medical benefits.
The 14-day requirement concerns medical benefits. It should not be described as a deadline that determines whether an entire PIP claim is valid.
Florida law also sets specific time requirements governing when insurers must pay properly submitted PIP benefits and when an insurer may investigate suspected fraud or other coverage issues. Those insurer-payment rules are separate from the injured person’s 14-day medical-treatment requirement.
What Gets Included in a PIP
Personal injury protection in Florida includes coverage of the following expenses:
- Hospital fees
- Any losses arising from lost work (e.g., lost wages)
- Household expenses as a result of the accident (e.g., if you need to hire a babysitter because you cannot take care of your children)
- Ongoing professional care
Specific medical coverage includes bills resulting from:
- Braces
- Ambulance and nursing fees
- Rehabilitation
- X-rays
PIP insurance specializes in covering auto accidents, which can sometimes get excluded from general health insurance coverage. It does not cover costs to your vehicle, so you will need to take out auto insurance and go through a car accident insurance claim settlement process to receive compensation for property damage.
To apply for compensation for lost work, you will need to submit a wage verification, which will be completed by your employer. This report includes your wages in the weeks leading up to the accident.
Florida PIP Coverage Limits
Florida PIP generally provides up to $10,000 in combined medical and disability benefits, plus a separate statutory death benefit.
For qualifying claims:
- covered reasonable and medically necessary medical expenses are generally reimbursed at 80%;
- qualifying lost gross income and loss of earning capacity are generally paid at 60%, unless applicable lost-income coverage was validly excluded; and
- medical reimbursement may be available up to the applicable $10,000 PIP limit when an authorized provider determines that the injured person had an emergency medical condition.
If the injured person is determined not to have an emergency medical condition, qualifying medical reimbursement is generally limited to $2,500.
PIP does not pay for damage to a vehicle or other property.
Florida law also contains exclusions and limitations that depend on the facts and policy. Those rules should be checked before stating that a particular claim is automatically excluded.
Hiring a Lawyer for PIP claims
You may not think you need a lawyer to claim for insurance, but the truth is, insurance companies can deny your claim, and sometimes, they will take a while to get back to you. To prevent these situations, an attorney can conduct their own crash investigations and support your settlement case. They can also help you when your insurance company is taking a while to provide compensation.
Can You Pursue a Claim Against an At-Fault Driver?
Florida’s no-fault law does not mean an injured person can never pursue an at-fault party.
Economic damages that are not paid or payable under PIP can be governed by different rules from noneconomic damages.
Florida Statute §627.737 places a specific threshold on recovering pain, suffering, mental anguish, and inconvenience in covered motor-vehicle tort cases.
The injury or disease must consist in whole or in part of:
- significant and permanent loss of an important bodily function;
- permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
- significant and permanent scarring or disfigurement; or
- death.
Medical bills exceeding $10,000 do not, by themselves, satisfy Florida’s pain-and-suffering threshold.
Whether additional damages can be recovered depends on the type of damages, liability, comparative fault, insurance coverage, causation, and the specific facts of the case.
3 Steps to Take When Filing a Lawsuit
There are a few procedures to go through when filing a lawsuit.
1. Record As Many Details As Possible
This actually applies even when you don’t want to sue. Having detailed records of the accident will help convince your insurance company to accept your claim. In the case of a lawsuit, they will make the process go a lot smoother.
Some details you can record immediately after an accident:
- The other individual’s name, license plate, and insurance information
- Visible injuries to any party
Having photographic evidence will also bolster your case.
2. Obtain A Crash Report
To strengthen your case, you will need to obtain a crash report. To find out more about the procedures regarding this, you can visit the Florida Crash Portal on the Florida Highway Safety and Motor Vehicles website.
You can also self-report an auto accident. The FHSMV provides a template for filing a crash report. This can be useful for minor accidents that do not cause significant financial loss.
This crash report will provide all the information gathered during the accident, which will document the different types of injuries and, if filed by police officers, will include more details about the assumed cause of the accident. This is useful for your lawyer when they defend your case in court.
3. Get in Touch With a Lawyer
If you want to file a suit because of an accident, reach out to personal injury lawyers who focus on auto accidents in Florida. Due to the unique nature of personal injury cases in the state, having someone with a lot of experience in the area will benefit your case.
If you have already hired a lawyer to advocate for your insurance claim, you can use the same lawyer to pick up your legal case.
Want to Protect Yourself From Auto Accident Costs?
Accidents happen, and Florida’s no-fault law and the requirement for PIP insurance maximize the chances of compensation for you. Growing aware of your different options will improve the speed of insurance and legal processes when you file a claim for personal injury protection in Florida.
Looking for attorneys who cover personal injury protection in Florida? Contact us.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
