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) 866-1750.
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 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) 866-1750.