What is “No-Fault” Insurance?
The term “no-fault”refers to no-fault insurance. When talking about car accidents, Florida is a no-fault insurance state. This means that regardless of who is at fault for a car accident, the driver’s insurance company pays the bills.
Florida state law requires every driver and vehicle owner to have two forms of insurance: Personal DamageLiability (PDL) insurance and Personal Injury Protection (PIP) insurance. PDL insurance pays for any property damage that may result from an accident and is dependent on the fault of the driver; however, PIP insurance claims are not all on the fault of the driver.
The PIP insurance law was enacted in Florida to ensure that injured drivers receive immediate compensation and relief to treat their injuries rather than waiting to go through all court and legal proceedings. PIP insurance also helps to keep state insurance premiums lower than the national average.
PIP Insurance Laws in Florida
Under Florida laws, every vehicle owner must have a $10,000 PIP insurance cover. The PIP insurance provides medical and disability benefits to the owner of the vehicle, his or her family members, and any passengerswho do not have a registered vehicle and PIP. In 2012, Florida legislatures amended PIP insurance laws in order to avoid the instances of insurance fraud.
One important thing to note regarding PIP insurance is that it only pays 80% of medical bills and expenses. The PIP insurance not only covers vehicular accidents but also other incidents such as bicyclists and pedestrians injured by a vehicle and children injured on a school bus.
The PIP insurance benefits can only be availed if the injured individual seeks medical care within fourteen days from when the accident took place. If a person claims PIP insurance benefits for any treatment after the fourteen-day window following the accident, his or her insurance company is no longer liable. Additionally, in order to receive the full PIP insurance coverage, the injured individual must be diagnosed to have an emergency medical condition (EMC).
EMC is characterized by serious impairment to bodily functions or jeopardy to patient health or serious dysfunction of any bodily organ. If the injured individual is not diagnosed with an EMC, they can only claim PIP insurance up to $2,500 from a $10,000 PIP insurance limit.
How a Team of Experienced Personal Injury Attorneys Can Help
Experienced personal injury attorneys understand that complying with Florida state insurance laws can be difficult to understand. This is why our professional and expert legal team is available to assist car accident victims and help to move through all legal concerns regarding PIP insurance. We have an exceptional history of ensuring that car accident victims receive the adequate settlement they deserve. Contact us today for a case evaluation and see how we can help you.