If you are involved in a car accident in Florida and sustain serious injuries that exhaust your personal injury protection (PIP) limit of $10,000, the law allows you to seek additional compensation from the negligent party. Serious injuries can be defined as:
- Traumatic head injury
- Loss of a limb
- Permanent disfigurement
- Broken bones
- Severe burns
- Spinal cord injuries
The at-fault driver’s insurance could try to assert that your personal injuries are not serious, or that your injuries are temporary and attempt to deny, underpay or even disqualify you from filing a personal injury lawsuit with the intention of paying out as little compensation as possible.
If you were involved in a serious car accident that was not your fault, and you exhaust your PIP, it is sensible to seek legal advice from a personal injury lawyer. An attorney will work to collect evidence to support your case and establish the severity and permanence of your injuries, enabling you to pursue further compensation for your injuries and loss.
Understanding Personal Injury Protection Coverage
PIP is a mandatory purchase in Florida, as it is a ‘no-fault’ state, according to the Florida Office of Insurance Regulation. Should you have an auto accident, you have 14 days to register your injuries with a qualified medical practitioner under Florida Statute §627.736.
PIP coverage will pay a certain amount of costs towards medical bills and loss of earnings following a collision, regardless of who is at fault.
Potentially recoverable compensation is capped at up to 80% of your medical bills, up to 60% of your loss of earnings, and $10,000 in total per individual. You could also collect up to $5,000 towards funeral expenses, in the event of a fatality.
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Pursuing Compensation After Exhausting Your PIP Insurance
When your PIP is exhausted, you will usually be informed in a letter from your insurance company. A letter of this kind communicates that your insurance company paid everything that they are required to under PIP law. Receiving this notice does not mean that you can no longer receive treatment for your injuries. After you have fully utilized your entire PIP coverage, your health insurance (if you have it), will then take over and begin paying for your accident-related expenses.
However, this could mean you will probably have to take on expenses such as co-pays and deductibles, so it can be beneficial to seek legal counsel from a PIP lawyer to help ensure that you have fully exhausted every option available to you before moving forward with a PIP lawsuit. After understanding all your options, you could recover any bills not covered by PIP through the at-fault party’s insurance policy when the case is settled.
Contact a PIP Lawyer in Florida to Learn About Your Rights
Under Florida Statute § 627.737, you have the right to seek compensation for damages resulting from injury and economic loss against the at-fault party’s insurance company, if you exhaust your PIP and your injuries are serious. Insurance companies may attempt to satisfy your claim with minimal payments.
Additionally, a reputable PIP attorney can help you recover additional compensation, such as:
- Emotional pain and suffering caused by the car wreck
- Past, current, and future medical bills
- On-going rehabilitation therapy
- Lost wages
- Lost earning capacity
It is important to contact a personal insurance protection lawyer familiar with PIP claims and knows what to do when you exhaust those benefits. If you were seriously injured in a car crash that was not your fault and you exhausted your PIP, the Law Offices of Anidjar & Levine can assist. Call 1-800-747-3733 today.
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