Florida’s PIP insurance allows anyone who was injured in a traffic accident to recover certain damages, up to the policy limit. Also called no-fault insurance, this policy makes it easier for accident victims to receive at least some of the money they need to get back on their feet.
A Florida car accident lawyer from our firm can explain in greater detail how this insurance works, when it is not enough, and what your options are for recovering complete compensation.
What Is PIP Insurance?
Personal injury protection (PIP) insurance is one of two types of car insurance that all Florida car owners are required to purchase. The other type of mandatory insurance is property damage liability (PDL) insurance, which pays for the property damage you may cause to someone else in a collision.
Unlike PDL coverage, which only pays for other people’s losses, PIP pays for up to 80 percent of your own medical expenses after a crash. If you purchase the minimum required amount of insurance, you could receive up to $10,000 to put towards your medical bills. If you purchase more than the minimum required amount, your PIP coverage may pay for much more than that.
How Do You File A Claim With Your PIP Policy?
Every insurance company is a little different: they each set their own deadlines and rules for filing a claim.
As soon as possible after receiving medical care, you can go to your insurance company’s website or talk to your insurance agent for more information about filing a claim. You may be able to complete your claim online. Be prepared to answer questions about:
- Your policy, including the policy number
- How, when, and where the accident happened
- What damage was done to your vehicle
- What injuries you suffered
- What you did before, during, and after the crash
If you have any questions or difficulty completing your claim, feel free to reach out to our car accident attorneys. We are always happy to guide clients through the claims process.
Once you submit your claim, the insurer will send an insurance adjuster to gather more information about the accident. Expect them to request relevant documents, such as medical bills or photos of your injuries, and to ask additional questions. They will use this information to evaluate and, hopefully, approve your claim.
If it seems like the adjuster is asking for irrelevant information, repeating questions, or refusing to respond to your communications in a reasonable amount of time, this could be a sign that the insurer is looking for ways to minimize your payout. It is a good idea to get legal advice as soon as possible to help you deal with this.
When Can You File A Claim With The Liable Party’s Insurance?
There are two requirements for filing a personal injury claim or lawsuit against someone else.
First, Florida law requires that your injuries meet the definition of a “serious bodily injury” before you can go beyond PIP coverage and file a personal injury claim. Serious injuries include:
- Any life-threatening injury
- Any injury that results in significant scarring or disfigurement
- Any injury that causes “significant and permanent” impairment or disability
For example, traumatic brain injuries count as serious injuries when they threaten your life and/or lead to a permanent loss of function.
A mild concussion that fully goes away within a few days or weeks would not meet the legal threshold, so you could not file a personal injury claim unless you also suffered more severe injuries.
The second requirement is that someone else’s negligence caused the accident. Common causes of negligence-related car accidents include:
- Texting and driving
- Drinking and driving
- Ignoring red lights or stop signs
- Failing to yield the right of way
- Driving too fast for the conditions
In short, if someone else’s violation of Florida traffic law caused your severe injury, then you are allowed to file a personal injury claim.
How Is A Personal Injury Claim Different From A PIP Claim?
With a PIP claim, you only need to prove that your injury and the resulting medical expenses were caused by the car accident. It does not matter if you or someone else caused the crash: you are still entitled to coverage under your PIP insurance.
With a personal injury claim, not only do you need to establish a connection between the collision and your injury, you also need to prove that someone else caused your injuries.
Your personal injury attorney can collect evidence like police reports, video footage, witness testimony, and expert testimony to prove that another party is responsible and should pay for your damages.
A personal injury claim also differs in that you can get much more compensation than through a PIP claim. Not only will a personal injury settlement cover all remaining medical and other accident-related bills, it can provide you with compensation for non-financial damages, such as:
- Pain and suffering
- Reduced quality of life
- Loss of independence
- Partial or total disability
- Scarring or disfigurement
- Loss of consortium
You deserve the peace of mind that comes with securing your financial future. An auto accident lawyer from our firm can evaluate your case and file all necessary legal actions—from a PIP claim to a personal injury claim and even a lawsuit—to ensure you can continue providing for your family, both now and in the future.
Learn More About Your Insurance Options After A Motor Vehicle Accident
The Law Offices of Anidjar & Levine offers free consultations to all callers. This gives you the chance to hear from our experienced team about how no-fault really works and what your rights are under Florida law, all at no cost or obligation.
Call our legal team now for help filing a PIP insurance claim, a personal injury claim, and any other appropriate legal action.
