Any auto accident that occurs inside the State of Florida is subject to its no-fault laws, which means that each person involved in the auto accident deals with their own insurance companies, no matter who was at fault for the accident. Florida’s no-fault laws and insurance requirements can be complex and confusing, which is why you need the help of an experienced accident attorney to guide you through the process and maximize the compensation that you are owed.
The accident attorney team here at The Law Place has amassed over 75 years of experience dealing with Florida auto accidents and the no-fault laws that apply to them. All of this experience, knowledge, and wisdom can be yours following a free consultation to discuss the specific facts of your case. Your consultation will be conducted at no obligation, and all of your personal information will be protected by the attorney-client relationship.
Our lines never close, so for more information on how to achieve the maximum level of compensation that you qualify for after a car accident, call us on (941) 444-4444 as soon as possible!
What Are Florida’s No-Fault Laws in Relation to Car Accident Cases?
Florida is a no-fault state, as set out in Florida Statute 627.7407.
This means that after any car accident, each person must deal with their own insurance company to make a claim, no matter which party was at fault for the accident. The same is true for accidents involving motorcycles and trucks.
What Are the No-Fault Insurance Requirements in the State of Florida?
As Florida requires each person to deal with their own insurance company to make a claim after an auto accident, it also requires each person to carry a certain amount of car insurance as a minimum. This is all set out in Florida Statute 627.736.
This statute requires that you carry personal injury protection (PIP) as part of your car insurance policy as an absolute minimum. If you do not, you are considered an uninsured driver and risk fines and driver’s license confiscation.
Other auto insurance policies such as liability insurance, uninsured motorist coverage, medical payment coverage, collision coverage, and fully comprehensive coverage are all optional. These simply give you the ability to be more financially protected from the potential consequences of a car accident.
Which Parties Does Personal Injury Protection Insurance Cover?
After you are involved in an accident, your PIP coverage does not cover just yourself. It also applies to the following parties:
- The owner who insured the car being driven at the time of the accident, if this is not you.
- Other family members who share the car.
- Any other person who was a passenger at the time of the accident.
- Any person who was injured in an accident involving the insured car.
PIP coverage will cover at least some of the cost of the medical expenses for each of the parties listed above.
What Are the Limitations to Personal Injury Protection (PIP) Coverage?
Unfortunately, as the minimum basic type of auto insurance, PIP coverage is somewhat limited.
Personal injury protection insurance benefits have caps. These are $10,000 for medical care and disability benefits, with an additional $5,000 available in death benefits. There is also an additional cap of $2,500 for medical care that is not considered to be an emergency.
As well as this, if you claim PIP inside of these limits, they are only obligated to cover 80% of the total cost of medical care and 60% of your lost wages.
Lost Wages Can Also Be Included in Your Personal Injury Protection (PIP) Cover
If your car accident has left you unable to return to work while you recover from your injuries, then PIP coverage can also include a disability living allowance.
This PIP claim will attempt to make up for lost wages by providing a biweekly allowance to cover the cost of daily living. Disability benefits may also be made to cover the additional costs involved in a person maintaining their household if these additional expenses can be proven to be a result of the accident.
Insurance companies can often be reluctant to properly handle disability benefits to cover lost wages and may put up resistance or drag their feet in providing you with the income that you desperately need. One service our law firm offers is assistance in holding an insurance company to their legal obligations in this regard. For more information on how an attorney from our firm can help you, get in touch for a free consultation today.
What Types of Medical and Hospital Expenses Are Covered By Florida PIP Laws?
Florida PIP medical coverage is designed to cover a certain amount of emergency medical costs, as well as a certain amount of follow-up medical costs.
Costs included in these medical benefits include:
- The cost of ongoing physical therapy.
- The cost of prescribed medications.
- The cost of imaging exams as deemed medically necessary.
- The cost of any other necessary medical laboratory services.
How Do the Death Benefits Involved in PIP Insurance Work?
The death benefits involved in PIP insurance are designed to pay out a maximum of $5,000 to designated family members who have suffered through the death of their loved one in a car accident.
People who may receive money from a PIP claim in this manner include:
- The surviving spouse of the person who lost their life.
- The adoptive or biological children of the person who lost their life.
- The person who was designated the executor of the estate of the deceased person in their will.
If your loved one recently lost their lives as the result of a car accident and you are unsure of how to go about handling PIP insurance, give a member of our attorney team a call today.
Thinking about money and auto insurance is obviously the last thing you want to be doing in such tragic circumstances. However, being paid PIP in this way can help deal with the surprising extra costs involved in losing a loved one, including funeral expenses or leftover medical costs.
We ensure that every attorney working for our firm is as compassionate as they are legally skilled, so we can promise that your case will be handled with the tact, understanding, and sincerity that you deserve.
What to Do If the Cost of Your Medical Expenses and Other Damages Exceeds Your PIP Coverage?
If you have been involved in a severe car accident, it is likely that PIP insurance covers only a fraction of what the accident has actually cost you.
Luckily, all hope is not lost. It is still possible to recover compensation greater than the amount provided by the coverage of your PIP insurance. However, doing so will require the help of an experienced car accident lawyer, as you will need to file a lawsuit against the at-fault driver.
The best way to find out your chances of raising a successful lawsuit to cover the injuries, damages, and other consequences you have suffered as a result of your accident is to speak to a lawyer from our law firm today. Our phone lines are always open, so simply call to arrange a free consultation at no obligation.
What Types of Compensation Could a Lawyer Help You to Achieve If You Choose to File a Lawsuit?
If you file a lawsuit, you stand to gain more in compensation than the limits of PIP insurance allows you to receive. This compensation will be split into different categories, called damages. These will correspond to different types of consequences that you can suffer after a car accident.
The most common types of damages a lawyer can help you to make a claim for after a car accident include:
- Medical expenses – In modern America, the medical expenses involved in a car accident often exceed the limits of Florida PIP coverage. Your lawyer can help you to recover the full amount as long as you keep copies of your medical bills as proof.
- Lost wages – Again, the amount paid by a PIP disability support allowance can be less than you require to sustain you while out of work recovering from your injuries. If you retain copies of your correspondence with your employer detailing the time you were forced to spend off from work, a lawyer can help you to recover this lost income.
- Property damage – Your motor vehicle and other valuables are often damaged in car accidents. This can leave you considerably out-of-pocket. Your lawyer can help you recover compensation up to the value of this lost personal property.
- Pain and suffering – These damages deal specifically with the time length of your recovery process as well as the pain level throughout. Pain and suffering damages also include considerations for any impairments, disabilities, or complications that will impact you going forward in life. If you have sustained a long-term impairment, a copy of your medical records may be needed as proof.
- Wrongful death – If you are a family member of somebody who has tragically lost their lives in a car accident, you are entitled to make a wrongful death claim under Florida Statute 768.21. This will allow you to seek additional coverage for the cost of funeral expenses, burial expenses, loss of companionship, loss of consortium, and damage to the total household income.
The amount of money you could be entitled to will vary depending on the severity of your damages. To find out which of the above damages apply to you, as well as how much your lawsuit could be worth, get in touch with a lawyer from The Law Place for a free consultation today.
How Long Do You Have After a Car Accident Has Occurred in Which to Make a Claim?
Whether you are making a PIP claim or raising a lawsuit after a car accident, you will have to adhere to the statute of limitations, as set out in Florida Statute 95.11.
The statute of limitations states that to be paid compensation, you must raise your case within four years of the actual date on which the accident occurred.
The exception for this is if you are hoping to raise a wrongful death claim, as the statute of limitations for these sits at a shorter period of two years.
Is It Normal to Have Complications Involving Your Insurance Company After an Accident?
Sadly, it is very much the norm to face difficulties with your insurance company, whether making a PIP claim or any other type of claim after an accident.
This is because, as much as they would like you to think otherwise, insurance companies are for-profit enterprises. As such, it is in their best interest to pay out as little in benefits and settlements as possible.
However, this does not have to be the case. With the help of a lawyer experienced in dealing with insurance companies, you will not be pushed around. A lawyer can help you in the following ways:
- Ensuring that your benefits are delivered in a timely fashion and to the level that you are entitled.
- Ensuring that your insurance company does not pump you for unnecessary information or trick you into signing something that can impact the worth of your claim.
- Helping you to negotiate, as insurance companies are notorious for attempting to lowball policyholders who do not have legal representation.
Often people can be bullied or intimidated by insurance companies into accepting benefits or settlements that are below what they deserve and are legally obliged to receive. Here at The Law Place, we are happy to help ensure that this does not happen to you.
How Much Do Attorneys From The Law Place Cost?
You will be pleased to hear that all of the accident and personal injury work undertaken by the attorneys at our firm takes place on a contingency fee basis.
This means that all those cases are conducted on a no-win-no-fee basis. An unsuccessful case will cost you nothing, and even in successful cases, legal fees will only ever be subtracted from your final settlement amount.
We are committed to ensuring you are never surprised by hidden fees, extra costs, or any other type of nasty surprises. This is why all of our contingency work is strictly monitored by The State Bar Association.
Contact The Law Place Today
Florida personal injury protection and no-fault laws can be extremely complex and confusing, to say the least. However, if you want to know how much PIP you are entitled to or want help with any other part of the claims process, The Law Place is here for you. The same is true if you are struggling with your insurance company in any way. We can help to ensure that you receive all of the healthcare, disability, or death benefits that your PIP entitles you to.
We have over 75 years of experience dealing with Florida personal injury protection laws and are happy to pass this wisdom on to you. We also make sure our phone lines operate around the clock, so you can call at any time that is convenient to you. For more information on how our law firm can help you, call us as soon as possible on (941) 444-4444!