Under Florida’s no-fault auto insurance scheme, each driver has to carry an insurance policy that will cover their medical care if they suffer injuries in a car crash. Through this policy, you can file for and receive compensation to cover your emergency department visit, follow-up care, and other expenses related to your accident injuries.
Many people try to navigate the claims process on their own, but you do not have to do this. At the Law Firm of Anidjar & Levine, our personal injury team can help you get the compensation you deserve from your insurance company after a car crash. Call us today at 800-747-3733 for a free consultation and case review with a personal injury protection (PIP) lawyer in Fort Lauderdale.
What Damages Can I Recover With a PIP Claim?
Your PIP policy, sometimes called no-fault insurance, pays out to cover your injuries after an accident regardless of who caused it. With this type of insurance policy, you do not have to worry about proving who caused the accident or if the other driver acted in a careless manner.
Your PIP coverage should pay out to cover:
- Emergency medical care expenses;
- A portion of your lost wages; and
- Some related out-of-pocket costs.
If you did not suffer injuries that warrant emergency care, your policy should still pay for a limited amount of medical treatment. It is important to note that this policy does not provide for pain and suffering or other emotional damages. Instead, you can only collect some limited economic damages through your PIP policy.
In addition to paying out to cover your medical care, your PIP coverage also extends to:
- Your children;
- Family members who live in your household; and
- Passengers who do not have their own PIP policies.
If your adult children, adult passengers, or friends who borrow your car have their own PIP coverage, their policy will pay for any injuries they sustain in most cases.
How Can an Attorney Help With My PIP Claim?
One of the major benefits of carrying no-fault insurance coverage is that you can recover compensation much quicker than you would if you had to first prove another motorist caused the crash and then negotiate a settlement with their insurance company. This means we could have the check from your insurance company in your hands within a few weeks. Along with this quick processing, however, come strict deadlines. For example, you only have 14 days to see a doctor about your injuries, or your PIP provider can refuse to pay out.
We can help you stay on schedule and ensure your claim gets filed on time. We can also gather evidence to prove the full value of your damages, including:
- Medical bills;
- Receipts; and
- Documentation of missed work and lost wages.
We can handle the entire claims process for you, ensuring your rights remain protected and you recover the full value of your damages. We work closely with a number of insurance companies, and we are not afraid to go toe-to-toe with any of them if they attempt to reduce or deny a PIP claim payout for one of our clients. If your insurer refuses to pay you the full value of your claim, we will continue to fight for the compensation you deserve.
What Is the Claims Process Like?
The Florida no-fault laws are complex, making the claims process somewhat complicated if you do not understand how the statutes apply to your claim. While the law requires you to carry a policy that will cover at least $10,000 in medical care and lost wages, you do not always have access to this full amount after an accident. How much you can recover through a claim depends on the nature of your injuries. The law works this way:
- If you suffer an emergency medical condition from the crash, you have access to the full $10,000; but
- If your condition does not require emergency medical care, you only have access to $2,500 of your $10,000 policy.
While the insurance company gets the final say in whether or not you suffered an emergency medical condition, we can obtain evidence to document the severity of your injuries if possible and necessary.
What If I Suffered Serious Injuries in the Crash?
In some cases, your PIP policy is simply not enough to cover the medical care you require. If you meet a certain serious injury threshold, Florida auto insurance laws allow you to step outside the no-fault system and file a claim against the at-fault driver’s insurance policy.
This threshold requires you to meet specific criteria, including suffering one or more of these serious injuries:
- Death, or an injury that will cause your death;
- A significant injury that impairs the function of a major body part or body system;
- Permanent injuries that cause a disability; or
- Scarring or disfigurement, especially on the face and hands.
If you meet these criteria, we can help you file a third-party liability insurance claim against the motorist who caused your crash. We will collect all the evidence available and show how the other driver’s negligence caused the wreck. Then, we will present the documentation of your damages and request the insurer to cover your medical bills, lost wages, property damage, pain and suffering, and more. If you believe you may be eligible to pursue this type of insurance claim, call us today and let us review your case.
How Can I Speak to a Fort Lauderdale PIP Lawyer Today?
If you suffered injuries in a Fort Lauderdale car accident, the PIP lawyers from the Law Firm of Anidjar & Levine can help you file your claim and recover the compensation due to you. We will represent you to the insurance company and ensure you get the maximum payout possible based on the facts of your case. If you need to step outside of the PIP system to recover additional compensation, we can help. Call us today at 800-747-3733 to get started.