The Role Of PIP Coverage In Florida Auto Accident Cases

As of this writing, Florida is one of only a few U.S. states that has a no-fault auto insurance system in place. A no-fault system establishes an alternative framework in which minor auto accident cases are handled, leaving dockets more free to handle serious matters. However, it can sometimes be difficult to determine just how ‘minor’ an injury may be. Contacting an attorney can help clarify your options if you have been involved in a Florida auto accident.

Does It Cover Everything?

In a no-fault system, every driver in the state is required to carry a certain amount of personal injury protection (PIP) and property damage liability (PDL) insurance, ostensibly in order to cover medical bills stemming from minor auto accidents. In Florida, the required amount is $10,000 per policy – so, a total of $20,000 in coverage at a minimum.

In theory, a person whose injuries are not permanent or long-lasting can simply file a claim with their insurer in order to have their medical bills covered. However, if one examines the relevant statute, it shows that PIP coverage will pay for “Eighty percent of all reasonable expenses for medically necessary” services, but only if the policyholder seeks care within 14 days of the accident. This leaves enough loopholes to be problematic.

Different For “Significant and Permanent” Injuries

While many people are able to use PIP to cover their medical bills to a sufficient degree, this system does leave some people with significant expenses their insurance will not cover. Many Florida drivers simply choose to go without insurance due to high premiums (though as of this writing, premiums are dropping due to the elimination of one-way attorney’s fees, though this may have the added effect of pricing many injured plaintiffs out of filing suit!), so carrying uninsured motorist insurance may be a good idea.

If your injuries are “significant and permanent,” however, Florida’s no-fault system makes an exception. Anyone who has suffered this type of life-changing injury may file suit in a Florida court against any allegedly negligent defendant, or against the insurer if they refuse to pay. In these cases, PIP coverage will likely not be sufficient to cover medical bills, so the legislature allows severely injured defendants to try and recover more damages using different means.

Contact A Maitland Auto Accident Attorney

If you have been involved in a Florida auto accident, your personal injury protection coverage is intended to cover most or all of your medical bills – but if your injuries are more serious, you may need help to get the compensation you deserve. A Maitland auto accident attorney from the Hornsby Law Group can help. Call our office today at (407) 871-6375 to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html