If you are a medical provider assigned to a patient whose PIP benefits have been denied, our Florida personal injury lawyers can take on the insurance company for you. Florida’s laws regarding Personal Injury Protection (PIP) are confusing, and filing an insurance claim is fraught with challenges.
Insurance companies undervalue or outright deny PIP claims for a variety of reasons. Even a simple error in your patient’s paperwork can cause issues. You do not have to go up against an insurer alone, though. The Florida PIP insurance attorneys at Ged Lawyers specialize in handling PIP claims in Florida and have a track record of successfully recovering millions of dollars in PIP benefits for our clients.
What Is Florida PIP?
Florida’s Personal Injury Protection (PIP) insurance law dates back to 1971 when it was adopted as a way to ensure prompt, fair insurance payments for those Florida drivers who had been injured in car accidents.
Personal Injury Protection insurance provides coverage of medical expenses and, in some situations, loss of income and other damages if you have been injured in a car accident. Typically, PIP insurance policies cover the driver, passengers, and any pedestrians involved in the car accident.
Who Is Covered Under Florida’s PIP?
PIP covers not only the driver but also any passengers or pedestrians struck by the vehicle. PIP insurance extends beyond the policyholder to any children that are injured while riding a school bus, members of the household, drivers who borrow the policyholder’s car, and passengers in the vehicle at the time of the accident who do not have their own PIP insurance because they do not own a car.
If, however, a passenger in the car has their own PIP insurance policy, then the passenger will be protected by their own PIP policy for any injuries that are a result of the accident.
The Florida personal injury protection lawyers from our firm are here to guide you through the legal process, with compassionate advice and professional assistance.
Florida’s No-Fault Car Insurance Laws
Florida follows a no-fault car insurance policy, and Personal Injury Protection (PIP) provides protection regardless of who is legally responsible for the accident. It does not require that the policyholder prove fault in order to receive PIP benefits.
When sustaining an injury in a car accident, the injured party must first file a claim with their own insurance company to receive compensation for any non-serious injuries that they sustained. Then the next step is for the injured victim to pursue a property damage claim with the other driver’s insurance company. If the injuries sustained in the accident are severe and permanent, then the injured party must file a claim against the other driver in order to receive financial compensation.
Is Personal Injury Protection Required in Florida?
Yes, it is. In Florida, every driver is required by law to have Personal Injury Protection (PIP) coverage of at least $10,000 (though they can purchase more, if they want and can afford to do so). This is according to Florida Highway Safety and Motor Vehicles (FLHSMV), which states that Florida’s full insurance requirements are as follows:
- Every driver must have, at the minimum, a $10,000 policy for PIP insurance coverage. PIP covers most of your medical bills but not property damage.
- Every driver must also have, at the minimum, a $10,000 policy for property damage liability (PDL) insurance coverage.
- Every driver must maintain continuous coverage for each of these two policies. There are penalties for failing to purchase and maintain the legally required insurance minimums.
The biggest difference between PIP and PDL is that Personal Injury Protection will cover the policyholder’s losses, while property damage liability only covers property losses sustained by the person harmed by the policyholder. Our Florida accident lawyers can explain these and other differences in more detail.
Florida’s Pure Comparative Negligence
According to Florida Statutes § 768.81, Florida is a pure comparative negligence state. If you are injured in a car accident and your case goes to trial, the judge or jury will determine each driver’s level of fault for the accident. Then the damage awards are reduced by that percentage. So, if you sustained $10,000 in damages after a car accident but it was determined that you were 30% at fault for the accident, your recovery will be limited to 70% of the damages, or $7,000.
Statute of Limitations
Every state has legal time limits for filing a claim in court, known as the statute of limitations. In Florida, the statute of limitations for personal injury claims is two years from the date of the accident, as explained at Florida Statutes § 95.11. Missing this deadline means that the court will not hear your case, nor will you recover any compensation for your injuries.
Recover the Insurance Benefits That Are Rightfully Yours
When the insurance company stalls, disputes, or denies a PIP claim, our team takes them on. If you have accepted an assignment of a patient’s PIP benefits and those benefits have been denied, let us help. At Ged Lawyers, our Personal Injury Protection lawyers fight for the insurance benefits that are rightfully yours.
We specialize in handling PIP claims and have in-depth knowledge of Florida PIP laws, staying current on any changes in Florida’s insurance laws. If you are a medical professional whose patient is being denied PIP benefits, we can help. Call us today!
