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Florida No-Fault and Personal Injury Protection

Posted by Marc Schiller | Dec 21, 2017 | 0 Comments

When you register your vehicle in Florida, you must provide proof of Personal Injury Protection (PIP) coverage. Florida is one of 18 states that have adopted no-fault laws, and with good reason.

Every three seconds, an automobile accident occurs. Florida's no-fault status helps minimize the amount of legal congestion from car accident insurance claims and lawsuits against the other driver, especially in minor accidents. Just keep in mind that PIP benefits do not apply to motorcycle insurance.

Since PIP is a requirement for all Florida drivers, let's break down what it actually means.

Doctor examines patient in a neck brace.

Medical Bills

One of the benefits of PIP coverage is the ability to seek medical attention immediately following a car accident, regardless of who is at fault. PIP pays for 80 percent of all reasonable medical bills up to $10,000.

All Florida drivers are required to have the minimum $10,000 coverage, but additional Med Pay coverage can be added to your insurance policy if you want further protection.

PIP is applied to medical services immediately after an accident, such as from an EMT or in the emergency room, as well as ongoing physical therapy, chiropractic care and other diagnostic services.

But be warned: if you don't receive any medical attention within 14 days from the date of the accident, those PIP benefits are lost, leaving you the burden of paying medical bills on your own.

Lost Wages

If your injuries keep you from working, not all is lost. Those same PIP benefits that help with your medical bills also assist you regarding your lost wages* if your injuries cause you to miss work.

Sixty percent of your gross income and earnings are supplemented under PIP, plus the full cost of expenses related to daily living activities, like laundry, driving and landscape maintenance, that are now unable to be performed due to your injuries. These disability benefits can be expected to be paid to you every two weeks.

Again, and we cannot stress this enough, if you do not receive medical attention within 14 days from your accident, you will not receive any lost wage compensation under PIP, because PIP is a package deal.

*Please check your auto insurance policy for any PIP lost wage exclusions.

Death

In the unfortunate circumstance where a motor vehicle accident leads to death, PIP benefits allow $5,000 per individual to be paid to the administrator/executor of the deceased, their children (adopted or natural), spouse or to any other person legally entitled to such benefit.

Emergency Medical Condition

If your medical provider determines the degree of your injuries are acute and severe, they will list you as having an emergency medical condition (EMC). This designation typically apples to those whose injuries may worsen over time without sufficient medical treatment. In accidents where there is no EMC, your PIP benefits reduce to $2,500.


When in Doubt, Call an Experienced Car Accident Attorney

No one likes to think about an accident when they get into their car. While many accidents are avoidable, they do happen. The experienced and aggressive attorneys at the Law Offices of Schiller, Kessler & Gomez, PLC will help you navigate your options if you've been hurt in a car accident due to someone else's negligence. Give us a call at (800) 350-FIRM for a free consultation.

About the Author

Marc Schiller

Marc Schiller is a managing and founding partner of the Law Offices of Schiller, Kessler & Gomez, PLC.

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