Pedestrians and bicyclists are covered under Florida’s PIP insurance law if they are hit by a motorist. As long as you or a household family member have PIP insurance for a vehicle, you will be covered under that policy. If you do not own a vehicle, you will be covered by the PIP insurance of the driver who hit you. Click here to find out more.
Florida PIP Law Concerning Bicycles and Pedestrians
If you or a family member were hit by a vehicle while walking or bicycling, you have several options to collect payment for the injuries you received under Florida PIP law.
Florida requires that every registered driver in the state must carry at least $10,000 in personal injury protection, or PIP benefits. According to Florida Statute 627.736, insurance policies must pay PIP benefits for anyone, including bicyclists and pedestrians, hit by a vehicle as long as they’re not an occupant of a self-propelled vehicle.
Losses Covered By Florida PIP
PIP covers medical expenses that result from an accident and also provides benefits for lost wages, death benefits, and disability. 80% of your actual expenses for medical treatment, hospitalization, transport, and medical tests are covered up to $10,000, as long as treatment is within 14 days of the accident. If treatment is not considered an Emergency Medical Condition (EMC), the limitation on coverage is only $2,500. An EMC is defined as any injury, which, if left untreated, would reasonably be expected to cause serious jeopardy to the person’s health, serious impairment of any bodily function, or serious dysfunction of a body part or organ.
Disability benefits consist of 60% of your lost wages if you are unable to work (up to a limit of $10,000), including payment for someone to help with daily activities such as yard work and household chores that you cannot complete. Additionally, death benefits can be paid up to $5,000 to the next of kin in the event that the injured party passes away.
PIP and the Right To Sue
PIP is meant to cover relatively minor accidents, but if your medical expenses and lost wages exceed $10,000, you may sue the at-fault driver for the amount of damages greater than the $10,000 PIP limit. You may also sue the driver for non-economic issues such as pain and suffering.
To understand the full extent of your rights and legal options, it is best to discuss your case with a bicycle accident attorney. They will tell you if you have grounds for a personal injury lawsuit and what types and amounts of damages you should expect from it.
Get Help From the Law Offices of Anidjar and Levine
If you or a family member was injured or someone died from being hit by a vehicle while walking or bicycling, you should speak to a Fort Lauderdale bicycle accident attorney to see what your rights are before trying to collect from PIP or other insurance. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation to determine the best way to secure the benefits to which you may be entitled.
We Can Help.