All drivers of motor vehicles registered in the state of Florida are required by law to carry Personal Injury Protection (PIP) insurance. See Fla. Stat. § 627.7407.
PIP is a type of car insurance that covers your own medical expenses after a motor vehicle accident regardless of who is at fault.
Who is Covered Under PIP?
- Named insureds on the policy
- Relatives residing in the insured’s household
- Passengers
- Pedestrians
- Permissive drivers of the insured’s vehicle
What Expenses are Covered by PIP?
Medical Benefits – PIP covers 80 percent of all necessary and reasonable medical expenses resulting from a covered injury in an amount up to $10,000 regardless of who caused the crash.
Medically necessary expenses may include medical treatment, surgical procedures, x-rays, dental treatment, rehabilitative services, prosthetic devices, ambulance, hospital stays, and nursing services.
Lost Wages – Unless specifically excluded from the policy, PIP may cover up to 60 percent of any loss of income resulting from injuries sustained in a motor vehicle accident.
Death Benefits – PIP will pay for funeral expenses up to $5,000 or in the amount of the remaining PIP benefits, whichever is less.
Household Services – PIP will also pay for the reasonable replacement of housekeeping services, childcare services, and yard work.
You Must Seek Treatment Within 14 days of the Accident!
PIP will only cover necessary and reasonable medical expenses if an individual receives initial services and care from an approved medical provider within 14 days after the motor vehicle accident.
If you do not seek treatment within 14 days of the accident you may still be able to bring a personal injury claim for damages against the negligent party, but you will no longer be able to make a claim against your own insurance for PIP benefits.
Will a Deductible Apply to a PIP Claim?
Most PIP insurance policies are subject to a deductible in the amounts of $250, $500, or $1000. You should refer to the declaration pages of your automobile insurance policy in order to determine whether a deductible applies to your claim. The deductible is first applied to the total expenses. Once the deductible is met, then the insured is eligible to receive up to $10,000 in total benefits.
What is the difference between Personal Injury Protection (PIP) and Property Damage Liability (PDL)?
Before you can register a motor vehicle in the State of Florida, you must show proof of both Personal Injury Protection (PIP) and Property Damage Liability (PDL) insurance.
As discussed previously, PIP covers your medical expenses up to $10,000 regardless of who is at fault.
PDL provides coverage for property damage that you or someone else driving your vehicle causes to another person’s vehicle or property.
You must purchase PIP and PDL from an insurance carrier licensed to do business in Florida and you must have a minimum of $10,000 in PIP AND a minimum of $10,000 in PDL.
Failure to maintain required insurance coverage in Florida may result in drivers license suspension and reinstatement fees.
What Happens if PIP Does Not Cover All of My Expenses?
If an injured person is not covered by PIP, or if their PIP benefits have been exhausted, that person may still be able to bring a claim for medical expenses and lost wages from the at-fault driver’s insurance company.
Additionally, an injured person may also recover for non-economic damages such as pain & suffering, loss of enjoyment of life, loss of consortium, and mental anguish, but only if they have suffered a permanent injury.
What is a Permanent Injury?
In Florida, in order for a person who is injured in a motor vehicle accident to recover money damages for pain and suffering, mental anguish, loss of consortium, or loss of enjoyment of life, they must have suffered a permanent injury as defined by Florida Statutes.
The threshold for a permanent injury includes the following:
- Loss of an important bodily function
- Permanent scarring or disfigurement
- Permanent impairment to the body as a whole, within a reasonable degree of medical probability, or
- Death
You Need an Experienced Car Accident Lawyer on Your Side
The laws in Florida regarding personal injury insurance claims following a motor vehicle accident are complex. Our firm has successfully represented numerous injured parties in their car accident claims throughout all of Florida. If you or a loved one has been injured in a car accident, call us for a free, no obligation consultation today.