A proposal to repeal Florida’s “No-Fault” or Personal Injury Protection (PIP) insurance law is back on the table before the Florida legislature. In Florida, along with only fifteen other states, PIP insurance is mandatory. The new proposal would remove the requirement that driver’s carry PIP insurance, and instead require that they carry liability insurance that would cover the injuries of the other drivers in the accident, if the insured was deemed at fault.
PIP insurance will cover the insured for any injuries that they experience resulting from a car accident without regard to who was at fault. The benefit of mandatory PIP insurance is that people who are in need of medical care can receive immediate compensation to pay for treatment without having to wait on the insurance claim or court system process. Additionally, since no determination of fault needs to be made in order to trigger the policy, the court system is not inundated with cases that could have been easily resolved if the parties were required to carry PIP insurance.
What does PIP Cover?
The minimum/maximum PIP insurance in Florida covers $10,000 in medical costs, lost wages, and death benefits from a car accident for the insured. PIP covers the insured, their children, members of their household, and certain passengers who do not own vehicles of their own. If you are in an accident and injured in Florida you should be able to make a PIP claim for:
- Medical Services
- Medication
- Hospital Expenses
- Surgical Services
- Rehab Costs
- Diagnostic Cost
- Ambulatory expenses
- Lost wages
Furthermore, if a PIP policyholder is killed in a car accident, PIP coverage will pay up to $5,000 for funeral and burial expenses.
There are some important caveats in Florida PIP insurance to be aware of. First, only 80 percent of your medical costs will be covered by PIP insurance. If your injury is not considered an “emergency” by a doctor the total amount of coverage will likely drop from $10,000 to $2,500. With respect to lost wages, PIP in Florida will only pay 60 percent of your lost wages.
One of the must unknown requirements of PIP insurance is that the insured must seek medical treatment from a medical doctor, dentist, hospital, or from emergency personnel within 14 days of the accident, or the coverage paid for will be forfeited. Therefore, if an insured let’s a serious injury linger without seeking medical treatment within 2 weeks of the accident, their otherwise valid claim would be denied.
What does PIP Not Cover?
PIP insurance is only intended to cover the policyholder’s personal bodily injuries after an accident. PIP insurance does not cover the following:
- Vehicle Damage
- Property Damage
- Vehicle Theft
- Medical Expenses that Exceed Coverage
- Pain and Suffering
- The other Driver’s Injuries
In short, car insurance coverage can be downright confusing. After a car or truck accident, contact Abrams Justice and an experienced trial lawyer will be happy to discuss your case and rights with you. Contact Abrams Justice Trial Attorneys at (305) 709-0880, or via email at ivan@abramsjustice.com .