Florida is one of the few remaining 'no-fault' states when it comes to car insurance. This means that after an accident, you turn to your own insurance company for coverage first, regardless of who...
Florida is one of the few remaining 'no-fault' states when it comes to car insurance. This means that after an accident, you turn to your own insurance company for coverage first, regardless of who caused the crash. This coverage is called Personal Injury Protection (PIP). While there have been many attempts to repeal PIP in recent years, it remains the law of the land—but with important nuances that every driver must understand to ensure their bills get paid.
What Is PIP Coverage?
PIP covers 80% of your medical bills and 60% of your lost wages up to a limit of $10,000. It also provides a $5,000 death benefit. Because it is 'no-fault,' it pays out faster than waiting for a lawsuit against the other driver. However, $10,000 doesn't go far in a modern hospital, which is why understanding how to maximize these benefits is crucial.
The 14-Day Rule
One of the most critical aspects of Florida PIP law is the 14-day rule. You MUST seek medical treatment within 14 days of your accident to be eligible for PIP benefits. If you wait until day 15, your insurance company can deny your PIP claim entirely, leaving you on the hook for thousands of dollars in bills.
Emergency Medical Condition (EMC)
Not all PIP claims are worth the full $10,000. To access the full limit, a medical provider (MD, DO, PA, or ARNP) must diagnose you with an 'Emergency Medical Condition' (EMC). An EMC is defined as a condition manifesting by acute symptoms of sufficient severity such that the absence of immediate medical attention could result in serious jeopardy to health. If you are not diagnosed with an EMC, your PIP benefits are capped at just $2,500.
Recent Legislative Attempts
There have been multiple bills in the Florida legislature attempting to repeal PIP and replace it with mandatory Bodily Injury (BI) liability coverage. While these have not yet passed into law, the legal landscape is constantly shifting. It is important to stay informed about your coverage requirements.
Beyond PIP: Seeking Additional Compensation
Since PIP only covers a fraction of your losses, most serious injury victims need to step outside the no-fault system and file a claim against the at-fault driver's Bodily Injury coverage. This requires proving that you have suffered a 'permanent injury' under Florida law.
Contact Emas Law Group Today
PIP is your first line of defense after an accident, but it has strict rules and limits. Don't let a missed deadline or a missing diagnosis cost you your benefits. Emas Law Group can help you navigate the PIP maze and pursue the additional compensation you need from the at-fault driver.
Frequently Asked Questions
Is PIP mandatory in Florida?
Yes, every vehicle owner in Florida must carry at least $10,000 in PIP coverage.
Does PIP cover my passengers?
Generally, yes. Your PIP covers you and resident relatives. It may also cover passengers who do not own a vehicle or have their own PIP.
What if my bills exceed $10,000?
You will be responsible for the balance unless you have health insurance or can recover damages from the at-fault driver's insurance.