In Florida, Personal Injury Protection (PIP) is automobile insurance coverage that allows people to recover from an auto insurance company to which they are an insured for the economic loss (e.g. medical bills, lost wages, etc.) that results from bodily injuries in automobile crash. Fault does not have an effect on PIP. Florida is a no-fault insurance state.
PIP coverage is minimum required insurance for people who are subject to the law.
Rights in Tort
PIP coverage is given to people instead of their tort rights. When I say “tort rights”, I am referring to the right to sue for economic damages (e.g. medical bills, lost wages, etc.) and non-economic damages (pain, suffering, etc.) arising from negligence.
You keep your tort rights to recover non-economic damages if you have a permanent injury or if a family member is killed in an auto accident.
You May Have a Tough Case if Your Injury Is Small
If you injury is less serious, in most cases you lose your right to sue for non-economic damages if the PIP coverage required by Florida Statute (law) pays for your economic loss.
You do not have to suffer a “permanent injury” to have the right to get your economic damages.
What Does PIP Insurance Pay You For?
PIP pays (regardless of fault) for the following three types of economic loss:
1. Reimbursement of 80% of all reasonable, related and necessary medical expenses for an emergency medical condition if you receive treatment within 14 days after the motor vehicle accident.
If your treatment is for a nonemergency, you may be limited to $2,500 in benefits. If you wait more than 14 days to see a doctor, your PIP insurance will not pay any of your medical bills.
Does PIP Pay You Mileage Driving to the Doctor?
PIP also reimburses you for your transportation costs for “reasonably medically necessary” medical treatment. Malu v. Security Nat. Ins. Co., 898 So. 2d 69 (Fla. 2005). In order to be reimbursed for your transportation costs, you should complete a mileage form and send it to the PIP insurer.
Does PIP Pay You for Lost Wages/Income?
PIP reimburses of 60% of lost income or payment for 60% of lost earning capacity. Household Services are generally paid at 100%; and
PIP Insurance Pays a Death Benefit
Payment of a $5,000 death benefit. This is in addition to the $10,000 PIP benefit for #1 and #2.
Florida requires that the above benefits be paid up $10,000 per person. PIP insurance is separate and different from medical payments (med-pay) coverage and bodily injury liability coverage. It is also different than uninsured motorist coverage.
Check out some of the many personal injury cases in Florida that we have settled, including but not limited to car accidents. We want to represent you if you were injured in an accident in Florida. If you live in Florida but were injured in another state I may be able to represent you as well.
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