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Florida PIP Law
A car crash is any driver’s worst nightmare. However, the reality is that most drivers will be involved in an accident at least once in the course of their lives. Given the prevalence of car accidents, the law in nearly every state requires some form of car insurance for drivers to protect them and others against financial losses. In Florida, that insurance is called “PIP” coverage, which stands for personal injury protection.
While PIP insurance still provides a safety net for Florida drivers in the event of an accident, legislators changed the state’s auto insurance system in 2023. This caused confusion among motorists who did not understand the new Florida PIP law.
As a car accident attorney in Clearwater, Florida, I can explain everything you need to know about Florida’s auto insurance system to keep you up to date and make sure that you know how to use your PIP coverage in the event of an accident. At the Law Office of Alex Hernandez, I am available 24/7 to my clients and strive to provide personalized legal guidance to ensure that my clients feel support and peace of mind every step of the way.
What Is Florida PIP Coverage?
In Florida, purchasing PIP insurance is a legal requirement for all drivers under the state’s no-fault law. Every driver must show proof of personal injury protection coverage to be allowed to register any vehicle with four or more wheels. In an accident, PIP covers medical expenses and loss of income up to a certain amount for drivers and their passengers.
The state’s law also requires motorists to carry property damage liability (PDL) coverage, which covers the cost of vehicle repairs or replacement to other vehicles arising from your fault. Drivers in Florida can also purchase optional insurance coverages, such as uninsured/underinsured motorist coverage.
Florida’s no-fault law does not mean no one is to blame for an accident. The only difference between no-fault law and at-fault law is that the former requires drivers to go to their insurance company first to get compensation rather than file a claim against the other party’s insurance.
What Does Florida’s PIP Cover?
As the name implies, personal injury protection covers personal injuries and related losses experienced by a driver or their passengers as a result of a car accident. This includes coverage for:
Up to 80% in medical expenses, while the remaining 20% is the copay (however, PIP only covers up to $2,500 in medical bills if the doctor does not classify your condition as an “emergency” condition); and
Up to 60% of the lost wages if you are unable to work because of your injuries (PIP coverage will cover your loss of income up to the total $10,000 limit).
To be eligible for the benefits under PIP coverage, motorists must comply with the so-called 14-day rule. Under this rule, you must receive medical attention within 14 days of the date of the accident. If you don’t, your claim for PIP benefits will be denied by your insurance company.
PIP coverage also provides death benefits. In the unfortunate event that someone dies in a car accident, their PIP will cover funeral costs and provide some financial support to the surviving family members.
The 2023 Changes to Florida’s PIP Law
After a series of unsuccessful attempts to eliminate Florida’s no-fault insurance system, legislators made changes to the state’s PIP law. March 24, 2023, marked the enactment of HB 837, which introduced several notable changes such as:
Reduced statute of limitations: Previously, injured victims had four years from the date of injury to sue the negligent party. Under the new law, victims have only two years.
Pure comparative fault changed to modified comparative fault: Previously, drivers could recover compensation even if they were mostly at fault for a car accident. Under the new law, drivers are only eligible for compensation if they are less than 51% at fault.
If you need assistance with filing a claim for compensation under the new law, consider contacting an attorney.
Get Help With Your PIP Coverage From an Attorney
After a car accident, the last thing you want to worry about is dealing with your insurance company and spending a lot of your time and energy fighting for the compensation to which you are entitled. You don’t have to do it all alone. I can help take this added stress off your plate so you can focus on your health and recovery.
With over three decades of legal experience, I can handle all aspects of your claim for compensation under the Florida PIP law to get you the maximum payout you deserve.
With an office in Clearwater, Florida, I serve clients in the Tri-County Area (Pinellas County, Pasco County, and Hillsborough County) and throughout the Tampa Bay Area. Reach out to the Law Office of Alex Hernandez today to schedule your free consultation. Call me at any time, 24 hours a day.