Florida Insurance Law
Personal Injury Protection (PIP)
Florida insurance laws require vehicle owners have a minimum of $10,000 in personal injury protection coverage. This provides compensation for medical expenses to drivers and passengers in an accident regardless of who was at fault in the collision. In a car accident, benefits may only be provided if you receive medical treatment for injuries within two weeks of the accident.
After deductibles, this insurance pays in the following manner:
Benefits are capped at $2,500 if you do not have an emergency medical condition, defined as one which requires immediate medical attention and could reasonably be expected to result in serious jeopardy to the patient’s health.
PIP covers you, relatives who live with you, passengers who do not own a vehicle, and others driving your vehicle. This includes pedestrians and bicyclists. Beyond collisions, acts of violence while driving are also covered.
In some cases insurance companies will not want to pay what is required such as improperly denying benefits or paying less than the required percentage. A personal injury attorney can handle the PIP claims process for you to ensure your medical bills are paid appropriately.
If you have tried to handle the claims process on your own, you may have heard one of the following from the company:
An experienced injury attorney can handle correspondence with your insurer to refute their denials and present evidence to them in support of your claim.
In addition, after PIP benefits are “exhausted”, a personal injury attorney will often help you seek additional compensation from the at-fault driver through a claim with their insurance company or anyone else liable for the accident.
Other types of insurance:
Bodily Injury Liability – covers serious injuries or death to others in an accident up to policy limits Coverage includes cost of medical treatment, disability benefits (resulting from lost wages), and wrongful death benefits.
Property Damage Liability – covers damage to others property in accidents involving a motor vehicle, including vehicles, motorcycles, and personal property.
Uninsured/Underinsured Motorist Coverage – provides coverage to the policyholder for damages caused by the negligence of a driver who does not have sufficient insurance. This coverage can be used to pay for medical expenses, lost wages, pain and suffering, and future loss of earning potential.
Collision insurance* – covers repairs to your car if it collides with another vehicle, crashes into an object or turns over. It pays regardless of who causes the accident. It does not cover injuries to people or damage to others property.
Comprehensive insurance* – covers losses from incidents other than a collision. Common incidents include fire, theft, windstorm, vandalism, flooding or hitting an animal. Damage caused by falling objects is also covered under this policy. In Florida, if you have comprehensive coverage, windshield replacement is the only claim for which you are not charged a deductible.
*Comprehensive and collision insurance may be required by your financial institution if your car is financed
Medical payment insurance (MedPay) – covers medical expenses, beyond those covered by PIP, that result from injury. It typically covers the other 20% of bills that PIP does not cover. This includes the medical expenses of you, members of your family and your passengers regardless of who is at fault in an accident. It applies whether the injury occurs in your car or someone else’s car, or while a pedestrian.
Rental reimbursement coverage – covers reimbursement for car rentals if an accident leaves your car unable to be driven. If the other driver was at fault, that driver’s liability insurance coverage may reimburse you for renting a vehicle similar to your own.
Accidental death and dismemberment insurance – provides coverage, up to the limits of the policy, for accidental death or dismemberment in an auto accident, regardless of who is at fault. It covers both you and relatives who live in your home.
You or your attorney should review your policy to determine any applicable coverage and the policy limits. If you have been injured in a car accident, the type of coverage and amounts available will become a very important factor in determining how you can seek recovery. Sometimes a lack of sufficient insurance is itself a barrier to seeking the medical care or vehicle repairs you need to get back to normal.
The experienced personal injury attorneys of Oldham & Delcamp are available to review your accident and develop a plan to seek full compensation for your losses. Call us today to discuss your case!
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