Florida is historically one of the most litigious states when it comes
to personal injury claims, meaning there are more lawsuits filed for injuries
and property damage here than the average state in the country. In an
effort to curb the number of lawsuits and free up the court systems, Florida
has adopted a personal injury protection (PIP) coverage policy that can
actually prevent injured parties from pursuing litigation. Due to the
uniqueness of this law and its intricacies, it is understandable if you
do not know really what PIP coverage handles or what it does not. It is,
however, important that you do in case you ever get into an accident.
What You Should Know About PIP Coverage
Eligibility: In most states within the country, insurance companies spend a great deal
of time figuring out who is at fault for a collision. Florida’s
PIP coverage states that drivers are always eligible to receive some amount
of coverage from their own insurance provider, even when they are 100%
liable for the accident.
Time limitations: PIP benefits are regulated by a strict time table of just two weeks; if
you do not file a claim or receive medical treatment within the first
two weeks following your accident, you will likely not be able to receive
any benefits at all.
Coverage limitations: The minimum PIP coverage a person can purchase is $10,000 per accident.
After any deductibles are considered, no-fault PIP insurance should pay
for 80% of all related medical bills, 60% of wages missed during recovery,
and $5,000 for death benefits if someone passed away as a result of the accident.
Emergencies: PIP recovery amount is capped at $2,500 if it is determined that your injuries
do not warrant an emergency medical condition. According to Florida statutes,
a qualifying emergency will require immediate medical care and has caused
or will soon cause serious injury, if untreated.
Lost wages: If you want to receive 60% of the wages you lost due to recovering from
your accident, you will need to file a wage and salary verification form
with your employer, who then has the responsibility of giving it to your
insurance provider. This extra step is not necessary in many other states,
so be sure not to forget about it.
Lawsuits: Since the purpose of PIP coverage was to reduce the number of lawsuits
in Florida, it can be difficult for you to find legal grounds to actually
sue the liable driver for whatever damages your insurance has not provided.
In most cases, you can only consider a lawsuit if you were
catastrophically injured, which can include the following types of injuries:
Professional Help to Get You Through It
PIP coverage might be beneficial in some cases since motorists know they
are going to get some financial help after a car accident, regardless
of who caused it. But on the other side of the spectrum, PIP coverage
laws can be restrictive and punishing to accident victims who did nothing
wrong or were severely injured. If you want to make sense of PIP insurance
policies, understand your rights, and discover if you have grounds for
contact Cohen Law today. Our Miami personal injury attorney and her entire team of legal
professionals can empower your chances in and out of court, and it all
begins by scheduling a
free case evaluation now.