Personal Injury Protection (“PIP”) — Florida Vehicle Law
Florida law requires vehicle owners (car, motorcycle, bus, or truck) to carry automobile insurance with a minimum of $10,000 in personal injury protection (“PIP”) coverage. PIP, also referred to as “no fault” insurance, provides compensation to drivers in an accident, regardless of who was at-fault in causing the collision. Florida’s PIP law may also bar lawsuits in certain circumstances against the at-fault party. A car accident personal injury attorney can help you navigate the Florida PIP insurance process and ensure that you receive all available PIP benefits, as well as, determine whether you can take legal action following a crash.
The Florida legislature made significant changes in the Personal Injury Protection law in 2013. These changes were passed under the guise of preventing insurance fraud, but in reality it was a power grab by the powerful insurance lobbies. These changes hurt multiple non-insurance groups in Florida, including some medical providers and especially injured motorists. In effect, the changes in the law allow insurance companies to collect similar or higher rates while providing fewer benefits to policyholders.
What Do I Need To Know About PIP?
If you were injured in a car accident, it is important to remember that personal injury protection benefits may only be provided to you if you receive medical treatment for your injuries within two weeks (14 days) of the accident. Otherwise, you might be ineligible to receive benefits under the program.
The 14 day limit sets an extremely small window for injured motorists to seek medical treatment, and thus many drivers that hesitate to seek help immediately will likely be shut out of PIP compensation. Due to this, it is absolutely critical for those injured in auto accidents to contact Gulisano Law’s PIP attorneys immediately following an accident to ensure that their rights are protected.
Limits on No-Fault PIP Insurance
No-fault PIP insurance pays benefits, after any applicable deductibles, in the amount of:
- 80% of medical bills, including out-of-pocket prescription costs, dental expenses, and rehabilitative services;
- 60% of lost wages;
- $5,000 worth of death benefits, which are in addition to the medical and disability benefits provided under the policy; and
- Mileage reimbursement to and from your doctor.
Emergency Medical Condition
Under the current PIP law, if you do not have an “emergency medical condition,” you will not be able to receive more than $2,500 in benefits. Florida law defines “emergency medical condition” as a medical condition that requires immediate medical attention and could reasonably be expected to result in serious jeopardy to the patient’s health.
Florida law imposes the following limits on PIP insurance claims regarding emergency medical conditions:
- PIP will not cover any medical bills if you do not get treatment within fourteen days of the accident;
- If the initial treatment is for a medical condition diagnosed as an “Emergency Medical Condition,” PIP will only provide coverage for follow-up services that are related to the diagnosed conditions; and
- PIP does not cover massage and acupuncture therapy.
If you have been seriously injured, $2,500 may not fully cover the cost of medical treatments. After PIP benefits have been exhausted, Gulisano Law’s Florida car accident attorneys may be able to help you seek additional compensation from the at-fault driver through a personal injury lawsuit.
Generally, PIP insurance benefits are overdue if they are not paid within 30 days after the insurer receives written notice of the covered loss and the amount of the loss. An insurance company may have an additional 60 days to investigate the claim if the insurer has a reasonable belief that a fraudulent insurance act has been committed. Your car accident attorney will work to make sure that the insurance company pays all benefits due to you in a timely fashion.
While waiting for your case to settle, your treating physician may request a letter of protection. The letter of protection is a contract that the unpaid expenses will be paid out of the settlement of your claim. Your car accident attorney should review any request for letters of protection before you sign them.
Following any vehicle accident, you should retain proof of all of your out-of-pocket expenses. For example, in order to receive reimbursement for out-of-pocket prescription expenses, you will need to submit to the insurance provider the original receipt for the prescription, as well as the prescription label that is attached to the outside of the prescription bag.
PIP Reimbursement for Lost Wages
To receive compensation for lost wages, you must submit a “Wage and Salary Verification,” which your employer completes and then submits to the insurance provider. The Wage and Salary Verification shows your gross wages for the thirteen weeks preceding the accident.
Your personal injury attorney may deal directly with your employer in ensuring the Wage and Salary Verification is filed with the insurance company in a timely manner. Remember, PIP only covers 60% of your lost wages. The 40% of your wages not covered by PIP may become part of your damages claim against the at-fault party’s insurance carrier.
To receive PIP reimbursement for lost wages, your treating doctor may also need to complete a disability form if you will be out of work for an extended period of time.
Filing a Lawsuit Against a Negligent Driver for Damages Not Covered by PIP
Generally, you must have sustained serious, permanent injuries to file a personal injury lawsuit against the at-fault driver in a vehicle accident. Examples of serious and permanent injuries may include:
- Traumatic brain injuries;
- Back and spinal cord injuries;
- Paralysis;
- Disfigurement or permanent scarring;
- Amputations; and
- Broken bones.
The insurance company representing the at-fault driver may try to categorize your injury as temporary and non-serious in nature. Gulisano Law’s car accident attorneys will collect supporting medical evidence to establish that your injuries are serious enough to qualify you for damages through a personal injury lawsuit.
Under Florida law, car insurance companies have a right to request that you undergo an “independent medical examination” performed by a doctor of their choosing. Because this doctor is paid by the insurance company, he or she may render a biased medical opinion in assessing your injuries.
During this medical exam, it is important that you do not sign any paperwork, other than a sign-in sheet, without first speaking to your attorney. It is also important that you do not speak to the doctor about insurance companies, settlements, or any other legal matters during the course of the independent medical examination.
If you or a loved one has been injured in a car accident, our attorneys may be able to assist you in recovering PIP benefits and monetary damages.
Our attorneys handle a variety of personal injury cases in many different practice areas. Visit the rest of our website to learn more or contact us today.
