Personal injury protection (PIP for short) is also known as no-fault insurance in Florida. This type of insurance covers medical expenses, lost earnings, and other related costs connected to an accident – whether you were at fault or not.
A key benefit of PIP coverage is that it can cover medical bills not only for the policyholder but also for passengers of a covered vehicle involved in a car accident. Some policies might be limited in who they cover and how much they will cover, however. It always helps to consult a Florida car accident attorney to review PIP coverage and take additional steps to recover full compensation after a car crash in the Stuart, Florida, area.
Is Florida a No-Fault State for Car Insurance?
Each state within the United States is allowed to choose the types of insurance coverage required for their drivers. Some states are tort liability states, while others follow a no-fault insurance regime. Florida is a no-fault insurance state for car insurance purposes. This means that Florida drivers must carry personal injury protection (PIP) coverage. In a state with no-fault insurance laws, such as Florida, drivers must file claims with their own insurance company after a crash, even if they believe the other driver was responsible.
PIP coverage is designed to provide compensation for car crash victims with minimal delay through their own insurance policy. Personal injury protection coverage applies regardless of who caused the accident. One goal of this type of coverage is to get victims paid efficiently and reduce the number of personal injury lawsuits after car accidents.
What Does Personal Injury Protection (PIP) Insurance Cover?
PIP insurance can cover a wide variety of costs for policyholders and their passengers after an accident in Florida. In Florida, drivers must carry a personal injury protection policy of at least $10,000. This means that if you caused an accident resulting in injuries that required medical treatment worth $20,000, your PIP policy would cover $10,000 of those expenses. Coverage can apply regardless of who was at fault for the accident.
Some covered costs can include:
- Medical expenses. Personal injury protection policies in Florida will generally cover up to 80% of medical expenses up to the policy’s limit. Coverage can depend on the treatment being provided by a licensed and approved medical provider. The range of covered costs can depend on the severity of the injuries.
- Lost wages. PIP policies can cover a percentage of lost earnings resulting from an accident. This can include work missed due to emergency medical treatment, follow-up visits, and therapy due to the accident. Florida PIP policies must cover up to 60% of an accident victim’s lost wages. Usually, this is calculated based on the victim’s earnings over the 13 weeks immediately before the accident.
- Funeral costs. Death benefits through Florida PIP coverage can provide up to $5,000 for qualified policyholders to address funeral and burial costs in the event of a fatal crash.
- Survivors’ loss. If you were to pass away in an auto accident, your PIP coverage can help replace some of your lost income for your surviving dependents.
- Essential services. Personal injury protection coverage can help pay for services you’d normally perform if not for the accident – such as housecleaning, child care, and other household tasks.
An experienced personal injury attorney can help you navigate the PIP insurance claim process.
What is Not Covered By Personal Injury Protection (PIP) Insurance?
Personal injury protection insurance is not comprehensive.
Some expenses not covered through a PIP policy include:
- Property damage to your vehicle or the property of others
- Injuries to the other driver in the collision
- Injuries from the crash if you were committing a crime, such as robbery or fleeing from police
- Damages for pain and suffering
To recover damages not covered under a PIP policy, you will need to take further action and potentially enlist the help of an experienced Florida car accident lawyer.
What Happens After Filing a PIP Claim in Florida?
After a car accident in Florida, insured drivers must submit a PIP claim. Ideally, they will do so as soon as possible while all information is still readily available. After a PIP claim is filed, the insurance company has 30 days to approve the claim and pay expenses or issue a denial.
If the insurance company denies a PIP claim, they must give the policyholder a written explanation for the denial. After that, the insured has a chance to appeal the denial. Appealing a PIP denial is no easy task and is best pursued with the help of a qualified Florida car accident attorney.
Pros and Cons of No-Fault Insurance in Florida
Supporters of no-fault insurance believe the process streamlines injury claims after an accident and allows Florida drivers to collect payment without proving fault by the other driver. The traditional method of proving fault typically requires filing a car accident lawsuit, which can delay payouts for months at a time.
The drawbacks of no-fault policies and PIP coverage include the potential for higher insurance premiums, even if a driver is not responsible. Additionally, caps on coverage through a PIP policy can leave injured drivers looking elsewhere for help to fully cover their costs.
A Stuart Car Accident Lawyer Can Help With Your PIP Claim After an Accident
If you’ve been injured in an auto accident, you will have a lot on your mind as you recover from the incident. Negotiating with your insurance company can be a complex and time-consuming task. Let the experienced legal team at Kibbey Wagner Injury & Car Accident Lawyers help you on your path to recovery and negotiate with your insurer for you. Contact us at (772) 444-7000 if you need legal assistance.
--------------------------------------------------