A Summary Of Florida Personal Injury Protection

If you've lived in Florida for awhile, you have probably heard the term "PIP" especially if you know of anyone who has been in a car accident. Well, what exactly does it mean? Does it mean you don't have to pay any out of pocket if you've been hurt in a car accident? Does PIP take care of everything? These are significant questions if you find yourself involved in an auto injury claim.

Under Florida law, a minimum amount of $10,000 in Personal Injury Protection (PIP) coverage is required. Accordingly, in the event you've been injured, you will obtain PIP benefits to pay for different expenses up to a minimum of $10,000 or up to the policy limit amount. Florida law specifies exactly what the PIP benefits can include. Under Florida Statute § 627.736(1), the following costs may be reimbursed under Personal Injury Protection:

Medical Benefits: 80% of all reasonable, medically necessary expenses for medical, surgical, X-ray, dental, and rehabilitative services, including medically necessary ambulance, hospital, and nursing services.

Disability Benefits: 60% of any loss of earning capacity and loss of gross income caused by the injury in addition to all expenses that were reasonably incurred in obtaining services that the injured party would have performed independently for his or her household without income; ex. Housekeeping, lawn services.

Death Benefits: These are limited to the lower of any remaining amount of unused PIP benefits per person covered under PIP who was killed in the car accident or $5,000.

Depending on when the policy was entered into, if the insured has elected a deductible or modified coverage, then the deductible may apply before the injured person may receive benefits. You should discuss whether the deductible applies with your personal injury attorney because deductible applicability is narrowly construed. The claim should be processed through the PIP insurer once the PIP deductible is satisfied.

The injured party should contact his or her insurance company and report the auto accident so that the insurance company may open a claims file on the injured party's behalf. The insurance company will probably request that the injured party complete a PIP application that ask him or her to list the injuries suffered, all medical providers, details of the auto accident, and the injured party's employment information. The insurance company will also likely request authorization to access the injured party's medical records and bills from his or her healthcare providers as well as permission to confirm the injured party's place of employment. Ideally, you should speak to an auto accident attorney before taking on this complicated process.