Is PIP Insurance Mandatory in Florida? Florida is one of the ten states that offer personal injury protection (no-fault) insurance policies for automobiles. Rather than establishing fault through the court system, injured drivers could receive immediate medical coverage of up to $10,000. The goal was to limit the money spent on the court system and reduce the payment delay for injured drivers.
Every owner of a motor vehicle registered in Florida is required to purchase personal injury protection insurance. An individual covered by PIP is responsible for their injuries in an accident regardless of who is at fault.
There hasn’t been much of a change in the number of drivers in auto accidents, but that hasn’t stopped the number of PIP claims and PIP payments from skyrocketing. According to the National Insurance Crime Bureau, several cities in Florida report the highest number of questionable claims. Nearly 50 percent of Florida’s insurance fraud referrals are related to PIP premiums, representing roughly two percent of the state’s premiums.
In 2021, lawmakers proposed repealing Florida’s no-fault insurance law. They failed in their efforts, with Governor Ron DeSantis issuing a veto for the bill that would have drastically changed auto accident liability in Florida. A driver should be aware of the requirements before getting behind the wheel.
What is Personal Injury Protection PIP Insurance in Florida?
Before asking, “Is PIP Insurance Mandatory in Florida?”, you need to learn what Personal Injury Protection (PIP) is.
PIP covers the first injuries sustained in an accident. As part of the PIP legislation, the goal was to provide medical coverage to injured drivers. Accident victims have immediate access to these funds. As a result, accident victims do not have to go through the legal system to establish fault, which can potentially take a long time to accomplish. They can receive funds to cover their medical expenses without going through that process.
Regardless of fault, personal injury protection covers insured individuals. It also covers children, household members, and certain passengers. Passengers in an accident-involved vehicle can rely on their personal injury protection for coverage.
In Florida, before mandating personal injury protection (PIP), injured drivers faced significant delays in obtaining funds to cover their medical expenses. As a result of personal injury protection, injured motorists no longer have to wait long periods to recover medical costs and other costs following a road traffic accident. Due to no-fault insurance, injured parties can typically recover their medical expenses and costs regardless of who is at fault for the accident. As long as the car driver who caused the accident holds the necessary PIP insurance coverage, they should also be entitled to compensation for their medical expenses.
What is Covered by PIP Insurance in Florida?
According to Florida PIP, medical costs, lost wages, and death benefits are covered.
Medical Costs
In general, PIP will cover the majority of medical costs. The personal injury protection (PIP) coverage in other states generally covers anyone living in your household. Still, in Florida, you can choose whether you want your PIP to cover only yourself or other family members. PIP claims can be made for the following:
- The provision of medical services and medication
- The cost of surgical services and hospitalization
- Costs of rehabilitation
- Diagnostic services
- Emergency medical services such as the ambulance
Unlike other states, Florida only covers 80% of your medical expenses through PIP insurance. For example, if you have an injury costing $10,000, PIP will only pay for $8,000. You will only be entitled to $2,500 if your injury is not considered an emergency. Your health insurance policy might cover the rest, but you should ensure it covers injuries sustained in a car accident. Benefits are overdue if they are not paid within 30 days of notice. The insurance company must provide an itemized explanation of benefits if benefits are denied or only partially paid.
Other Limitations of Personal Injury Protection in Florida
Despite its many benefits, PIP is also considered to have limitations. The following are some limitations of no-fault laws and personal injury protection:
Harder to Sue for Non-Medical Injuries
Florida’s no-fault law severely restricts a victim’s right to sue the other driver for non-medical injuries. As a result, it became much harder to sue the driver who caused the accident for emotional and mental distress. The consequence of this is the reduction in the amount of compensation available for non-physical conditions, such as stress, anxiety, pain, and suffering following a road traffic accident.
Massage Therapy & Acupuncture Not Covered by PIP
Injured parties can no longer claim treatments previously covered by personal injury protection insurance. Due to law changes in 2012, massage therapy and acupuncture are no longer covered by personal injury protection insurance, so injured drivers can no longer claim back the costs associated with these treatments.
No-Fault Accident Fraud
Drivers can exploit the no-fault legislation by making fraudulent claims. From staged accidents to unethical medical providers assisting with claims for treatment that were never delivered, fraudulent claims take many forms. In recent years, no-fault accident fraud has caused many questionable claims to be filed by drivers.
Difficult to Make a Successful Insurance Claim
Making a successful claim on your PIP insurance can be difficult, as any oversight in your paperwork could result in your claim being rejected. To improve their chances of making a successful claim and receiving reimbursement for their medical bills, many injured drivers retain an attorney to assist them with the process and ensure they receive the compensation they are entitled to.
Increased Waiting Times for Claim Decisions
Even though the no-fault system is designed to provide compensation for medical costs quickly, there can be situations when your claim is delayed. If your claim is found to be fraudulent, you will have to wait longer for a decision regarding your compensation. The insurance company will take some time to investigate your claim before deciding whether to compensate you. This can lead to a stressful wait and increased worry for injured parties making legitimate claims.
What You Should Do After a Car Accident in Riverview?
- If you have not already reported the car accident to the police, you should do so immediately.
- You should identify any witnesses and gather their names, addresses, and telephone numbers. Take photos or videos of the scene and the vehicles from as many angles as possible. By photographing your vehicle’s damage, you can assist your personal injury lawyer in maximizing your compensation.
- When describing the accident, be clear and accurate. You should also tell your doctor completely and truthfully how the accident occurred. Make sure you mention any problems you are experiencing due to the accident. It would be best to let your doctor know about any prior similar injuries you may have suffered.
- In Florida, you must cooperate with your insurance company. However, you are not obligated to cooperate or provide a recorded statement to the insurance company of the driver who caused the accident.
- Photograph your injuries if you have suffered lacerations, burns, or bruising, including any bandages or braces that were applied. Once your injuries have healed, such photographs will be invaluable in establishing the extent of your injuries.
- Make a list of all the automobile insurance policies in your household. To determine the full extent of your coverage, consult an experienced car accident lawyer.
When and How to File a PIP Insurance Claim in Florida?
The rules for filing a PIP claim in Florida are rather strict. To be eligible for PIP reimbursement, treatment for any injuries must occur within two weeks of the accident. Claims submitted after two weeks will not be accepted. In Riverview, insurance fraud is high, so your insurer has up to sixty days to investigate any false information you provide. Still, it must pay your damages within thirty days, even if there is suspicion.
According to Florida law, the statute of limitations for typical car accidents caused by driver negligence is four years from the accident date. If you file a lawsuit against another driver or vehicle owner, you must do so within four years of the accident. Failure to do so may forever bar your claim. Consult an accident attorney regarding the specific facts of your case, as this is a complicated area of the law.
If your case is complex or your insurer is having difficulty, you may want to hire a personal injury lawyer to ensure you get your settlement. Meanwhile, you should keep track of all medical expenses incurred after the accident. To receive work loss benefits, you must submit a “Wage and Salary” verification that needs to be completed by your employer. This document shows how much you earned during the thirteen weeks before the accident. You may need a lawyer to ensure your employer completes the verification promptly. Additionally, you may need a note from your doctor explaining the details of how you became disabled.
Is Pip Insurance Mandatory in Florida? Let Our Personal Injury Lawyers Guide You With Your PIP Claims
Our experienced personal injury attorneys in Riverview can help you if you have been injured in a car accident. With our experience handling PIP claims, our attorneys can assist you in getting fair compensation. Contact Calandro Law today for a free legal consultation about your injuries and PIP claim.
