Beyond the Basics: How Florida’s PIP Law Impacts Your Car Accident Claim

The aftermath of an accident can be very overwhelming. Luckily, Florida is one of the few states that offers Personal Injury Protection (PIP), which assists the injured party with medical bills. However, navigating car accident claims with PIP in Florida can be extremely complex. If not handled carefully, benefits might go unclaimed. To Learn more about PIP & Car Accidents in Florida, Cardoso Law, PLLC, an expert in car accident cases, will be able to assist.

The Hidden Complexities of Florida’s No-Fault Insurance System

Florida has adopted a ‘no-fault’ insurance system whereby an insured party can claim compensation from their Personal Injury Protection (PIP) benefit for any medical treatment or loss of earnings resulting from an accident that they were involved in, irrespective of who caused it. This type of system tries to simplify matters relating to claims as well as litigations. However, the no-fault system poses challenges, such as:

• Limited and Restrained Compensatory Benefits: The benefits of PIP in terms of compensation are very restraining, as it only covers 80% of medical expenses, 60% of income expenses, and has a grand limit of 10,000 dollars. This comes as a huge blow to victims of accidents, as they would still be financially drained.
• Strict Eligibility Criteria: Within fourteen days post-accident, an approved medical professional must diagnose you with an emergency medical condition (EMC). Failing to do this means the victim is only eligible for up to 2,500 dollars.
• Restricted Legal Proceedings: Legal proceedings in Florida are limited such that outside the fault of the insured driver, further compensation can only be brought against the at-fault driver together with evidence of a significant and permanent loss of a bodily function or permanent disfigurement.

Why Timing Is Critical: The 14-Day Rule

A central component of Florida’s PIP law is the 14-day rule. You need to obtain medical treatment within 14 days of the accident to receive applicable PIP benefits. Failing to receive medical attention puts your health at risk, and worst of all, you lose the benefits of insurance coverage. This rule can pose tremendous challenges, especially when symptoms develop over time.

Maximizing Your PIP Benefits: Common Pitfalls to Avoid

• Delaying medical treatment may disqualify you from benefiting under PIP. Regardless of how well you feel right after the accident, consider getting checked by a doctor.
• Not every doctor is permitted to treat Emergency Medical Conditions (EMC) under the Florida laws. To maximize PIP benefits, ensure that you receive your diagnosis from a hospital, licensed medical doctor, chiropractor, or registered nurse.
• Claims will be rejected because of inconsistencies or lack of medical documentation. Keep a log of medical appointments, treatments, and any expenses involved.

When PIP Isn’t Enough: Pursuing Additional Compensation

PIP by its nature provides immediate payment, but it does not compensate for damages that have no economic value. Florida law allows additional compensation by means of a personal injury claim if the medical expenses exceed $10,000, the injuries qualify as “serious injury,” or the driver who caused the accident acted in gross negligence.

Act Now to Protect Your Rights

Time is of the essence for PIP claims. Adhering to the intricate criteria of the coverage may be incredibly overwhelming in situations where insurance companies are likely to default on the payment. Call Cardoso Law, PLLC, today to schedule a consultation. Their team of car accident lawyers interacts with clients personally, which enables them to maximize PIP benefits by collecting evidence, communicating with the insurers, and filing additional personal injury claims where applicable.