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Florida PIP Insurance "No Fault"– Personal Injury Protection

Posted by on in Auto Accidents
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PIP stands for Personal Injury Protection. Under Florida law, all drivers are required to carry PIP insurance of $10,000 to cover their own injuries and lost wages that result from motor vehicle accidents, regardless of who is at fault for the accident.

Q: Who is insured by PIP Insurance?

A: The named person insured and all resident relatives are covered under PIP insurance of your Florida automobile insurance policy.

Q: What does PIP Insurance cover?

A: Personal Injury Protection benefits include: Medical benefits, disability benefits, and death benefits.

Q: What are the amounts payable when PIP Insurance applies?

A: Medical benefits are payable at 80%. Disability benefits are payable at 60% of lost wages. The total amount payable under PIP for any one accident is $10,000.


Changes to Florida PIP Law Enacted January, 2013

Pursuant to Florida Statutes 627.736, a patient must have a physician, osteopath, dentist, supervised PA, or advanced RN practitioner formally diagnose him or her with an "emergency medical condition" to receive the full $10,000 PIP benefits; otherwise, that patient is limited to $2,500.

Furthermore, under the new PIP law, the patient must seek medical treatment within 14 days of the accident or they will forfeit their right to PIP medical benefits.

Emergency Medical Condition is defined as follows: 627.732 (16)

"Emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:

(a) Serious jeopardy to patient health.

(b) Serious impairment to bodily functions.

(c) Serious dysfunction of any bodily organ or part.

Basically, this provision states that the entire $10,000 of PIP benefits is available to an auto accident patient only if the qualified medical provider listed in the provision determines that the patient has an "emergency medical condition." If the patient does not get diagnosed with an "emergency medical condition," he or she is only entitled to only $2,500 in PIP benefits.

Florida PIP law provides all insured Florida drivers with $10,000 in coverage for personal injuries sustained during an auto accident. However, this new provision now cuts the benefit to $2,500 unless they are diagnosed with an "emergency medical condition."

 

What should you do if you were recently involved in an auto accident?

If you have been injured in a car accident, contact an experienced Personal Injury Lawyer to protect your rights. At the Capaz Law Firm, we will provide you with personal attention and help answer all your questions.

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Dereck G. Capaz, Esq., is an AV® Preeminent™ rated attorney. The AV® Preeminent™ designation is Martindale-Hubbell's highest peer review rating of a legal professional's skills and ethics. Mr. Capaz focuses his practice in the areas of civil litigation, criminal defense and plaintiff's personal injury, including tractor-trailer accidents, auto accidents, DUI offenses, felonies and misdemeanors. Mr. Capaz received his undergraduate degree from the University of Florida. He received a Master of Business Administration degree and Juris Doctor degree from Stetson University College of Law. He is a member of The Florida Bar, Hillsborough County Bar Association and American Bar Association.


Contact Mr. Capaz to schedule a free consultation today.

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