Protection (PIP) Attorneys
Serving Jacksonville, Jacksonville Beach and clients throughout Florida
Personal Injury Protection insurance (PIP) is an insurance plan you carry in addition to your car insurance. Florida drivers are required to carry PIP, but few actually understand what it is and how it works. PIP covers your own medical expenses and lost wages if you are in an accident – regardless if you were at fault or not. The goal of PIP, as part of Florida’s no-fault status, is to limit the number of personal injury claims filed for minor injuries.
What You Need to Know About PIP
PIP is used for car accident victims, but it is important to realize that there are severe limitations on PIP insurance. First of all, you must get medical treatment within fourteen days after the accident; otherwise, PIP will not cover your medical costs. Also, there are a few other facts you need to know:
The Limitations of PIP Insurance
PIP is a no-fault insurance benefit, which means it only pays out after applicable deductibles for:
- 80 percent of medical bills, which includes prescriptions, dental expenses, and rehabilitative services
- 60 percent of lost wages
- $5,000 maximum in wrongful death benefits, which are in addition to medical benefits
- Mileage for going to and from doctors’ appointments
The Emergency Medical Condition Limitation
There is a limitation on emergency medical conditions. Therefore, if you do not have a condition that requires emergency medical care, then you are not able to receive more than $2,500 in PIP. Florida law considers an emergency medical condition one that:
- Requires hospitalization
- Requires immediate medical attention
- Could result in death if medical attention is not provided
Unfortunately, you could still have serious injuries and not be considered an emergency case. $2,500 is not enough to cover your medical treatments and after PIP benefits have been exhausted, you may feel as though you have no options.
This is where an experienced Personal Injury Protection Attorney comes into play. A Personal Injury Protection Attorney can help you get additional compensation from the at-fault driver via a lawsuit so that you are covered for those unexpected, and uncovered expenses.
When it comes to emergency medical conditions, Florida has additional limitations, which include:
- PIP does not cover medical bills if you have not gotten care within 14 days.
- The treatment must be diagnosed as an emergency medical condition for PIP to cover follow-up treatments.
- PIP will not cover acupuncture or massage – even if they are prescribed for your condition.
Using PIP For Lost Wages
PIP will only cover lost wages if you submit a “Wage and Salary Verification” to them. This means your employer will complete the form, verifying how much you normally make and how much work you have missed.
PIP insurance will pay out wages but only up to 60 percent. You can recover the additional 40 percent through a personal injury lawsuit, but only after PIP insurance benefits have maxed out.
Filing a Lawsuit for Damages
If you have sustained a serious injury, PIP is hardly adequate to cover your losses. PIP insurance can easily be used up after an ambulance ride or a single diagnostic test. After PIP insurance benefits are used, your only option for recovering compensation is by filing a personal injury lawsuit.
Some examples of serious injuries that may result in a lawsuit include:
- Traumatic brain injury or TBI
- Back or spinal cord damage
- Permanent scars or disfigurement
- Infections from cuts or lacerations
- Broken bones or fractures
Considering it is estimated that 50 percent of Florida drivers have the minimum required insurance and minimum PIP, it is likely you will need to file a personal injury lawsuit for your car accident—as long as you have suffered a serious injury.
Need a Personal Injury Protection Attorney with a PIP Claim or Lawsuit? Call Us Now!
The Jacksonville injury lawyers at Hardesty, Tyde & Ashton P.A. understand the complexity of PIP insurance. We can help you not only file your claim for PIP insurance but also file any applicable personal injury lawsuits thereafter to ensure you do not pay for injuries that were not your fault.
Call us today to schedule a no-obligation consultation with one of our skilled PIP attorneys and Personal Injury Protection Attorneys. We offer free consultations and you do not pay us a fee unless we win your claim.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)