What You NEED To Know About No-fault Insurance
- No-fault insurance is available under your vehicle insurance, or the insurance on the vehicle you are occupying.
- You must receive qualified medical treatment within 14 days following the accident or you may not be entitled to any PIP benefits.
- Qualified medical treatment includes medical doctors, chiropractors, hospitals, and emergency medical personnel. It does not, however, include services provided by a massage therapist or an acupuncturist.
- Standard PIP coverage is $10,000 and will pay 80% of covered medical expenses and qualifying lost wages at 60%, unless the accident falls under an exclusion in your policy.
- Your PIP coverage not only protects you in your own vehicle but can also cover your injuries when you are a passenger in another vehicle, a pedestrian, or on a bicycle.
- Good medical treatment with a qualified injury physician is paramount for the successful outcome of your injury case.
- Florida’s no-fault insurance is complex, but the law firm of DeLoach, Hofstra, & Cavonis is here to help you. Contact Paul Cavonis at 727-568-6693 for a free consultation.
The Full Story About Florida's No-fault Insurance
Florida is a no-fault motor vehicle insurance state. This means that under the Florida No-Fault Motor Vehicle Law, the owner of a motor vehicle is required to carry Personal Injury Protection (PIP) insurance. Personal Injury Protection, PIP and No-Fault are different names for the exact same insurance coverage. This system was originally established in Florida during 1971. The goal at that time was to decrease the burden that local courts were experiencing, due to insurance claims. By eliminating the option for drivers to choose whether they wanted to pursue compensation from their own insurance or from the at-fault party’s insurance in the event of an accident, this new system allowed for faster recovery to the individuals.
No-Fault coverage is unique, because following an automobile accident, this coverage will pay the insured’s qualifying medical bills, regardless of fault, up to the coverage limits purchased. The average policy is $10,000.00. There is an option to choose a deductible of $250.00, $500.00, and $1,000.00. A standard PIP policy pays covered medical expenses at 80% and qualifying lost wages at 60%. The coverage for lost wages can be excluded. There is an additional form of insurance called “Medical Payments” coverage available, for a very low cost. Medical Payments coverage picks up the additional 20% of the qualifying medical bills which are not covered by the standard PIP policy. Further, PIP benefits will reimburse the insured for out-of-pocket expenses such as prescriptions, mileage to and from medical providers, and home care services. Home care services refers to duties that the insured is now unable to carry out, as result of injuries sustained in the incident and now must pay for those services. Examples include house cleaning and yard care.
It is imperative that you seek qualified medical treatment within 14 days following the accident or PIP coverage will be automatically unavailable.
Qualified medical treatment includes medical doctors, chiropractors, hospitals, and emergency medical personnel. It does not, however, include services provided by a massage therapist or an acupuncturist.
PIP coverage follows you like a shadow. Therefore, your PIP coverage applies not only when you are in your own vehicle, but if you are a passenger in someone else’s vehicle or even if you are injured by a motor vehicle as a pedestrian or a bicyclist. Relatives who reside with you may also be covered by your PIP insurance. Finally, if you are injured in your vehicle outside of the state of Florida, you and your insured relatives may be covered under PIP, provided the injury occurs within the U.S., its territories, or Canada.
In the event that a death occurs as a direct result of an automobile accident, there are death benefits payable under the PIP coverage in the amount of $5,000.00.
In looking at the requirements of the Florida No-Fault system, it is important to understand emergency medical condition (EMC). In 2013, Florida law makers modified the law regarding PIP. This modified law required that individuals involved in an accident have an EMC to be entitled to the full $10,000.00 of PIP benefits. If you don't have EMC, your benefits may be limited to $2,500.00. An EMC is defined by Florida Statute § 627.732 as “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, or (c) Serious dysfunction of any bodily organ or part.”
Seek Guidance From Our Seminole Injury Attorneys
Navigating Florida’s No-Fault Motor Vehicle Law can be confusing, especially after being in an accident, but DeLoach, Hofstra & Cavonis, P.A. are here to help. Since we work on a contingency fee basis, we do not collect any fees until your case is won. Simply fill out the quick contact form on this page to set up your consultation with a PIP attorney.