
Florida No-Fault Car Insurance
Florida is a comparative negligence state which means that if it is determined you are partially to blame for causing your own injuries, your recovery of damages will be decreased by your percentage of fault. While this would not completely prevent you from receiving compensation for your personal injury, an experienced attorney can help you navigate these complex laws. In this blog post, we will discuss personal injury protection in Florida and how it works.
Personal Injury Protection (PIP)
Florida automobile insurance laws require vehicle owners to have a personal injury protection (PIP) coverage of at least $10,000. A key aspect of PIP in Florida is that it provides medical coverage to drivers (and passengers) in an accident regardless of who was responsible for causing the crash. It is important to note that PIP coverage is only available if you seek medical attention within 14 days of the incident for your injuries. Otherwise, you will not be eligible for benefits under the PIP. The Florida Statutes list several types of medical providers that count towards the 14-day rule including Medical Doctors, Chiropractors, and even Dentists among others. Florida No-Fault PIP Insurance Coverage covers 80 percent of medical bills, including out-of-pocket drug costs, dental expenses and rehabilitation care, 60 percent of lost earnings and $5,000 worth of death insurance in addition to the medical and disability benefits offered by the policy.
What Qualifies as an Emergency Medical Condition Under Florida Law? Your PIP medical benefits are capped at $2,500 (out of the $10,000) if it is not determined that you have a “Emergency Medical Condition” or “EMC.” Florida law describes EMC as an ailment requiring urgent medical attention that may reasonably be expected to pose a significant threat to the safety of the patient. When you’ve been seriously injured, $2,500 may not entirely cover your needed medical treatment. Florida Law limits the type of medical provider that can make this crucial health determination. With respect to emergency medical conditions, the Florida law imposes the following restrictions on claims for PIP insurance: If you do not get treated within 14 days of the incident, PIP does not pay any medical bills. When the initial diagnosis is for a medical condition treated as an EMC, PIP can only offer coverage for follow-up services related to that condition. PIP coverage excludes acupuncture and massage therapy but does not exclude myofascial release. PIP insurance benefits are usually late if they are not paid within 30 days of the insurer being provided with a written notice of the loss insured and the sum of the claim. An insurance provider will have an additional 60 days to examine the claim if the insurer has fair suspicion that a fraudulent act has been committed. Your personal injury attorney must try to ensure that the insurance provider provides the payments owed to you or your medical provider
Speak with a Miami Car Accident Attorneys Today!
If you have been injured in a motor vehicle accident, you have the right to file a personal injury lawsuit against any responsible parties. Depending on the situation, the driver, owner, or vehicle manufacturer could be liable. Our legal team of Miami car accident lawyers have decades of experience handling car accident cases. With an extensive understanding of the laws involved, we can make sure you’re fully compensated for any medical bills, pain and suffering and other damages you may have experienced. Unlike other firms that handle cases in other areas of law in addition to their personal injury section, our firm is 100% dedicated to helping victims in personal injury cases and has been doing so for over 19 years. If you or someone you love has been involved in an accident, contact us today for a free consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.