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Are There Exclusions or Conditions Where PIP Won’t Cover Expenses in Florida?

Florida’s rules for personal injury protection (PIP) insurance can be difficult to understand. If you were recently injured in an auto accident, it is important to learn which expenses are covered and which aren’t.

Certain expenses are excluded from personal injury protection insurance coverage. Excluded damages include property damage and a victim’s pain and suffering. Furthermore, PIP only provides compensation for a portion of a victim’s lost wages and medical damages, up to a limit. If your damages exceed the limits of your PIP policy in Florida, you may be able to file a lawsuit. Personal injury protection insurance applies to most people injured in an auto accident, excluding motorcyclists. There are certain time conditions that apply to PIP claims, such as seeking medical attention within two weeks of an accident. If you are able to file a lawsuit against the negligent driver responsible for your injuries, you will have two years to do so in Florida.

To have the Florida car accident attorneys of The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. evaluate your case for free, call us today at (954) 568-3636.

Which Expenses Are Excluded by PIP Coverage in Florida?

Some expenses and damages are excluded from PIP coverage, meaning you cannot recover compensation for certain expenses unless you file a lawsuit. Such damages include expenses for property damage, pain and suffering, lost wages, and certain medical expenses.

Property Damage

Property damage is not covered by personal injury protection insurance in Florida. To recover compensation for the damage done to your vehicle, you will need a separate insurance policy. You may also be able to file a claim with a negligent driver’s liability insurance.

Some Lost Wages

Lost wages are covered by PIP, up to an extent. If you are unable to work because of the injuries you sustained in a car accident, PIP insurance will cover up to 60% of your lost wages, up to a $10,000 limit. If you require greater compensation for your lost wages, you may have to file a lawsuit against a negligent driver in Florida.

Pain and Suffering

Personal injury protection insurance does not provide compensation for pain and suffering in Florida. Such damages are only recoverable in a lawsuit. That said, Florida does have a serious injury threshold for car accident claims, meaning you must prove that your injuries are severe enough to warrant litigation and recovery of non-economic damages. Our Miami car attorneys lawyers can review your medical records and compare your injuries to the serious injury threshold to determine whether or not you can sue. If you can, you will have a greater chance of recovering compensation for pain and suffering, as such damages are not recoverable in a PIP claim.

Some Medical Expenses

PIP insurance covers 80% of medical costs related to an accident, up to $10,000. If you have additional medical expenses, which is likely in cases of severe car accidents, you may be able to file a lawsuit to recover compensation for other medical costs.

Are Some People Excluded from PIP Coverage in Florida?

While all drivers are required to have PIP in Florida, it will not apply in all situations. This is important to understand so that you know your path forward following an auto accident.

Personal injury protection insurance does not cover expenses incurred by motorcyclists because of a collision. This is the case even if you have a PIP policy as a driver. Because motorcyclists are uncovered by PIP, they can file lawsuits to recover compensation for their expenses, regardless of the severity of their injuries.

If you were hurt as a pedestrian or passenger and are otherwise covered by a PIP policy, your PIP insurance will cover certain costs related to an accident. Covered expenses do not vary whether you were injured as a driver, pedestrian, passenger, or bicyclist.

Insurers might refuse to cover expenses incurred by a victim who did not have the consent of the owner of a vehicle to operate that vehicle. PIP also might not cover expenses related to an accident if a vehicle was not included on the insured’s PIP policy.

All of that said, in most cases, victims of auto accidents are covered by PIP insurance. Personal injury protection insurance can cover all members of your household, even if they do not drive themselves, so that they can recover some type of compensation following a car accident in Florida.

Time Conditions for PIP Claims and Car Accident Lawsuits in Florida

In Florida, victims of auto accidents must seek medical attention immediately. If you delay medical care, your PIP claim might be unsuccessful.

Florida abides by the 14-day rule for auto accidents. According to Fla. Stat. § 627.736(1)(a), injured victims must get medical attention for their injuries within two weeks of an auto accident occurring. If you do not, your injuries might worsen. Furthermore, waiting to get medical care can make it harder to demonstrate that you were injured in a car accident. If you do not seek medical care within the first 14 days of your auto accident, your PIP claim for medical expenses might be denied.

Suppose your insurance company does not provide you with compensation following an auto accident, and you sought medical care within two weeks of the incident. In that case, you might be able to file a breach of contract claim. You will have five years to do this in Florida.

To recover compensation for additional medical expenses, lost wages, or pain and suffering, you may have to file a lawsuit. The statute of limitations for car accident claims in Florida is two years from the date of the accident. Filing well before this deadline will be important for the success of your case.

Call Our Florida Lawyers About Your Car Accident

To have our Orlando car accident attorneys review your case for free, call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. now at (954) 568-3636.

David I. Fuchs is a personal injury attorney in Fort Lauderdale and the founder of David I. Fuchs, Injury & Accident Lawyer, P.A. David has an extensive background representing plaintiffs in personal injury cases and has been practicing law for over three decades.

David I Fuchs

Attorney at Law, David I Fuchs, Injury & Accident Lawyer, P.A.

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Saarina Polanco
Saarina Polanco
2024-05-09
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Fabio Varens
Fabio Varens
2024-04-18
David I. Fuchs comes highly recommended for anyone in need of a top-notch accident attorney in Fort Lauderdale. With over three decades of experience, his firm is known for its client-focused approach, maintaining strong communication and offering personalized legal strategies. They are particularly adept at negotiating with large insurance companies and handling complex courtroom cases. A great choice for effective and compassionate legal representation.
Ethan Cohen
Ethan Cohen
2024-02-07
Great accident lawyer. Gave us invaluable advice when an air conditioning truck hit my car
Israel Andrade
Israel Andrade
2024-02-05
I cannot speak highly enough of Dr. David I. Fuchs, the injury law expert in Fort Lauderdale. When I urgently needed legal guidance, he was on the spot, providing precise and honest information. David's quick responsiveness, combined with his accuracy and transparency, made a significant impact during a challenging time I was facing due to a total loss in a car accident. I greatly appreciate his professionalism and recommend his services to anyone seeking a trustworthy and reliable injury law attorney in South Florida.
Darcy Israel
Darcy Israel
2024-02-01
They did a great job with keeping me updated with my case. I would refer them to anybody in the future.
Matthew S.
Matthew S.
2024-01-27
I just want to say thank you to Mr. Fuchs he personally took a call on Saturday and due to the nature of circumstances he was not able to take the case but he provided me with the proper means to go about the case and offered any advice that he can give along the way for my situation. Thank you for listening and your support.
tom neenan
tom neenan
2024-01-26
Mr. Fuchs handled my case fast and always got back to me to explain all details. I recommend his friendly demeanor and kindness. I felt like family. Thank you very much for the service and wonderful settlement.
Wendy Janet Mendez
Wendy Janet Mendez
2024-01-26
I recommend The Law Offices of David Fuchs. They are very professional and care about their clients. I got into a car accident and the whole process was really smooth.
Lynne N.
Lynne N.
2023-11-14
David Fuchs and his staff were consummate professionals when I needed a law office to represent my injury case. They communicated the process in detail and kept me apprised of the progress as necessary. It was a relief to be able to rely on them during a stressful time. It was nice to have the personalized attention of a smaller law firm as my champion.
CG
CG
2023-11-06
When you’re involved in an accident and have injuries you need an attorney who is experienced AND who will give you the personal attention you need. You want someone who the insurance companies know won’t just accept any offer to make a commission. That's what separates Mr. Fuchs from the rest, especially the large law firms. He knows the law and he will fight for you like you are a member of his family. I highly recommend him to anyone who has been in an accident and needs aggressive representation for their injuries and other financial losses that happen as a result!

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