What is PIP Insurance in Florida?

What is Personal Injury Protection?

The state of Florida has a required insurance protection policy for drivers called personal injury protection (PIP). By state law, PIP is a requirement for all registered drivers in Florida, and the minimum and maximum amount you can be covered for is $10,000.

All benefits and injury payouts go through the driver’s insurance company. It does not matter if you or someone else was at fault, if you have been injured in a motor vehicle accident PIP will cover a portion of the medical expenses for your injuries.

Where state law requires PIP insurance for every registered driver in Florida, the law also requires this insurance to be sought before drivers receive the registration for their vehicle.

The PIP requirement law came into effect in 1971 as a no-fault law to try and reduce the number of individuals needing public assistance and to conserve state court system resources for more pressing matters.

Health and vehicle insurance are not substitutes for PIP insurance and you will still need to get PIP insurance in Florida regardless of other protection coverage you have.

Florida is one of only 12 states in the US to employ the PIP auto insurance scheme, but all states have a different maximum and minimum coverage amount for benefits and payouts. PIP is also not required by law in every state that utilizes PIP insurance coverage, but it is highly recommended for drivers.

When and How You Should File a PIP Claim in Florida?

Regardless of who is at fault for the accident, PIP coverage works to benefit all injured parties involved in an accident.

What many don’t realize is that if you do want to file a PIP claim, you must seek medical attention within 14 days of the vehicle accident. If you fail to do this, you will not receive compensation through PIP insurance.

The law in Florida states that you must file a personal injury protection claim before you file for a health insurance claim. This can work to your benefit because PIP covers numerous necessary and valuable benefits that other insurances do not i.e. household expenses and loss of income.

Filing a claim for PIP insurance can be done over the phone or online but as mentioned above you must seek medical attention first within the first 14 days of a motor vehicle accident occurring.

Once you have sought medical advice and care for any injuries sustained during the accident (within two weeks of the date of the accident) you will be eligible for PIP insurance compensation up to a subject amount that is determined by your insurer ($10,000 in Florida) and how extreme the personal injury damages are.

Here are the steps you should take if you have been involved in a car or vehicle accident:

Acquire driver details
For your best interest, all parties should seek details of the other drivers involved in the accident as well as any witnesses to the scene that can provide correct and efficient information on what they saw happen.

Here is the information you should collect:

· Drivers’ full names

· Contact phone number

· Registration number

· Car make and model

· Insurance policy number

· Note if there are any other passengers present in the vehicle at the time of the accident

Pass on your same information to the other driver.

Just a quick note for readers, any injuries sustained outside of the motor vehicle accident will not be covered by PIP insurance. If drivers are frustrated with the accident, it is in everybody’s best interest to remain calm and polite with each party because no one will benefit from arguing.

Road rage incidents can, and have, led to accidental deaths.

Request witness details
While still at the scene of the accident, both drivers should seek any witness details so that they can help to resolve any issues with who is at fault and who is not. Ask for the witness’s full name and contact details along with their permission to use their name in a police and insurance report if necessary.

Having a witness can help to confirm how the accident occurred, what state both drivers were in, and if there were other passengers involved.

If claims and lawsuits are filed against either party, the witness can help to solve the lawsuit case by providing sufficient information about the event through a statement. Witnesses prove which party is at fault, especially in the case of a dispute.

Photographic evidence
Take photos of the scene if you’re able.

Photos, again, can provide valuable evidence in the event of a lawsuit or claim against either party claiming no-fault.

Not only should you take photos of the scene as proof of the accident, but you should also take photos of any injuries sustained during the accident and any that show up recently after the accident. This will help to assist reports for the medical expense claims.

Call the police (depending)
It sounds drastic, but calling the police is an important step in the insurance process unless the accident is minor.

If you are in a major car accident in Florida that results in injury, call the police as soon as you can following the accident, to file an Accident Report.

Filing an accident report might be the difference between having a claim accepted or denied.

Instances, where an accident report should be filled in, are:

· If any of the drivers involved in the accident were under the influence of alcohol or drugs

· If any of the cars involved in the accident are totaled, towed, or written off

· If any of the passengers in either car is complaining about pain

· If there is a fatality because of the motor vehicle accident

Seek medical advice

Medical attention for any injuries sustained in the accident needs to be given within 14 days of the incident. Without proof of a medical record from a GP within this timeframe, you will no longer be entitled to PIP insurance.

Seeking medical attention from any of the following healthcare providers will count towards your PIP insurance policy (check your policy closely as this may differ between insurers):

· Doctor (Dr)

· Doctor of Medicine (MD)

· Doctor of Osteopathic Medicine (DO)

· Healthcare provider at a hospital or clinic such as a registered nurse

· Emergency medical personnel (including qualified paramedics)

· Dentist

Without PIP insurance you may not have any other way to cover medical, and numerous other, expenses caused by a vehicle accident.

Seeing a medical professional after the incident can help to determine how much compensation you will be entitled to after an accident as the medical professional will provide an accurate report for the treatment needed for any emergency medical condition (EMC) or if the injury is not severe enough to be treated as an EMC.

File a PIP claim

Once you have received medical attention and a medical report and diagnosis from the healthcare industry, you need to file the PIP claim with your insurer.

The PIP insurance company will determine if you are eligible for compensation up to a certain amount as well as if you are eligible for a lawsuit case against the at-fault party of the accident due to expenses being higher than the maximum $10,000 PIP insurance coverage allowance.

If you aren’t comfortable filling out the claim yourself, you can see help from an accident and injury lawyer who has experience with PIP insurance in Florida.

How Much Does PIP Cover in Medical Expenses?

Personal Injury Protection covers 80% of medical expenses and up to 60% of the policyholder’s lost wages and is capped at $10,000 regardless of who caused the accident and who is to blame for the medical bills.

The at-fault party of the accident is responsible for covering the remaining 20% of all medical bills not covered by the PIP insurer.

PIP can not only assist you to afford out of pocket medical expenses when you’ve been in a motor vehicle accident but can also help to cover the following:

· Childcare expenses

· Lost wages and income

· Household expenses such as cleaning and household assistance

· Physiotherapy and ongoing third-party treatments

· Survivors’ loss benefits

· Funeral expenses

· Operations and hospitalization

· Accidental death benefits

· Ambulance services

The compensation received is subject to the limitations of your insurance policy company.

What if PIP insurance is not enough to cover medical expenses?

Where financial bills are higher than the maximum PIP coverage amount of $10,000, you may need to go further than the boundaries of the “no-fault” law system in Florida. As a victim of a motor vehicle accident, where the accident is not your fault and the injury expenses cannot be covered by PIP insurance, you can file a claim against the at-fault party.

Filing a claim against the at-fault party may compensate you for damages, pain and suffering, and expenses incurred for serious injuries including the loss of body function and ongoing rehabilitation.

Is it necessary to hire a lawyer for PIP insurance?

Whether you need to go beyond the “no-fault” system or are filing for a claim within the US$10,000 PIP insurance limit, you might need to hire a lawyer.

Filing claims can be done without lawyers but where it is an insurer’s job to save money for the insurance company, it is a lawyer’s or solicitor’s job to ensure you receive the compensation and benefits you are entitled to.

Filing a claim against another driver in Florida can only be done when the no-fault party meets specific requirements as set by state law.

· You must file a car accident lawsuit or claim within 4 years of the accident occurring

· Provide evidence to show who was at fault so the judge can make an unbiased decision based on a “pure comparative fault” rule.

· Speak to witnesses who will provide their details in exchange for making a statement against the at-fault party.

· Keep a tab and a logbook of your medical expenses and any losses of income to add to the evidence.

Unfortunately, not all PIP insurers make the process of filing a PIP claim straightforward so it can be within your best interest to seek advice from an experienced solicitor if you feel your PIP insurer is giving you a hard time.

What if you’re the at-fault party?

If you’re the at-fault party in a vehicle accident, hopefully, this incident has taught you a valuable lesson to be more careful on the roads. In the meantime, if a claim has been filed against you because PIP insurance won’t cover the cost of damages and other expenses, you should be prepared to cover what PIP will not. It could mean thousands.

Where PIP only covers up to $10,000, if the accident results in the no-fault party having over $10,000 worth of medical expenses, the at-fault party may be liable to cover the rest if a claim is made against them. As well as being sued for excessive medical costs, parties can also sue the at-fault bodily injury liability insurance cover rather than the at-fault party directly.

What PIP Auto Insurance Doesn’t Cover

PIP does not cover any damages to your vehicle or your personal property.

Personal injury protection insurance, medical insurance, and vehicle insurance are all similar types of insurance but do not cover the same losses, damages, and expenses.

Here is what PIP insurance does not cover:

· Damages to vehicles and property

· Injuries sustained outside of the vehicle after the accident has occurred

· Injuries from vehicle accidents that occur in a car being used to make money i.e. an uber

· Injuries that are sustained by an accident while the driver is fleeing the police or other authority figure

· Uninsured vehicles will not be covered by PIP

Here are the other insurances you can look into if you want the abovementioned situations covered in the case of an accidental vehicle crash:

· Liability insurance covers the cost of damages to the vehicle and driver and passengers’ property

· Bodily injury liability covers the expenses for the other parties’ injuries (if not covered by PIPs US$10,000 maximum limit)

· Vandalism and malicious mischief insurance (VMM) will cover the policyholder in the event of an accident, or injury, happening outside of the vehicle collision.

· Uninsured car owners will need to afford any expenses from their own pocket and won’t be able to rely on the US$10,000 provided by a PIP insurer.

What Happens if I Don’t Have PIP Insurance in Florida?

Because PIP insurance is required by law in Florida, it is advised that you don’t drive a vehicle around Florida unless you have PIP cover.

If you have been involved in a motor vehicle accident in Florida and you don’t have PIP, you will be financially responsible for any out-of-pocket medical expenses and damages.

Driving in and around Florida without the required insurance policies by law can not only cost you thousands in out-of-pocket medical fees if you’re in an accident, but can also result in costly fines, and worse.

Offenses start with license and registration suspension for a minimum of three months and a $150 reinstatement fee.

Failure to meet the specific auto insurance requirements in Florida can result in significant costly fines, fees, suspensions, and higher rates when you do choose to insure your vehicle after you have been in an accident.

Drivers and vehicle owners in Florida must have PIP insurance that covers them up to $10,000 along with property damage liability (PDL) that also covers them up to $10,000. You won’t be able to purchase your license and registration plates without first obtaining these minimum insurance requirements.

So, if you are driving without PIP insurance, it probably means you’re also driving without a registration which will incur even higher fines. It is highly recommended that if you are a driver in Florida, you abide by the law and purchase a PIP insurance policy.

Conclusion

Under the “no-fault” law in Florida, any driver involved in a motor vehicle accident should notify their insurer of the accident and file a PIP insurance claim to receive benefits and compensation for any injuries incurred while in a vehicle accident.

As required by Florida state law, you should carry your proof of PIP insurance with you at all times while driving your vehicle. In case of an accident, you can swap policy numbers with the other party so that it’s easier to follow the steps to make a PIP claim.