Personal Injury Protection Benefits

When involved in a motor vehicle accident, any injury sustained is subject to Florida's laws regarding no-fault insurance. No-Fault is formally referred to as Personal Injury Protection insurance, PIP for short. Florida's PIP insurance laws are largely governed by Florida Statute §627.736. PIP benefits are the foundation of Florida's no-fault motor vehicle law. Generally speaking, basic PIP benefits will cover 80% of an injured person's medical bills and 60% of lost wages up to a maximum of $10,000.00. F.S. 627.736(1). Under Florida law, if one has a policy of motor vehicle insurance, one's own insurance will cover the PIP benefits, regardless of who is at fault in the motor vehicle accident. In the event that one does not own a motor vehicle, the motor vehicle insurance of a resident relative will provide PIP benefits. If there is no resident owning a motor vehicle, then the insurance for vehicle in which the injured person was traveling, or if a pedestrian, the insurance for the vehicle that strikes aperson, must provide the PIP benefits. A lawyer should be able to quickly determine just whose insurance must cover the PIP benefits.

PIP benefits are deemed to be primary meaning they come even before health insurance. Health insurance is not required to cover bills from a motor vehicle accident if it is determined that there is available PIP coverage. Further, because an injured person is using his PIP coverage as opposed to health insurance coverage, the injured person is not limited to obtain medical treatment from only those doctors on the injured person's health insurance provider list.

PIP benefits are deemed a setoff against any recovery which an injured person can make against an at-fault driver. For example, and to simplify, let's assume an injured person files suit against an at-fault driver and the jury determines that the injured person is entitled to $50,000, inclusive of pain and suffering and past medical bills, and the injured person's PIP has paid $10,000 in medical bills. The judge must then subtract from the $50,000 verdict the $10,000 that PIP has paid, leaving a judgment in the amount of $40,000.

PIP insurance must be purchased as part of one's motor vehicle insurance. F.S. 627.733 and F.S. 627.736. Because PIP acts as a setoff, an at-fault driver is not necessarily responsible for those medical bills an innocent injured person sustains if PIP would have covered those bills. To complicate matters even further, Florida courts are split as to whether an at fault driver is entitled to a setoff when the injured person has no PIP. In other words, it may all depend on in which county the accident occurred.

Unfortunately, many of the legal complications an injured person will have involving PIP benefits are due to the actions of their own insurance company. It is not at all unusual for an insurance company to require the injured person to be examined by a doctor who, while nominally independent, is ultimately being paid by the insurance company. If the doctor states that continued additional medical care is not reasonable, related or necessary, the insurance company may refuse to pay further PIP benefits. Other common tactics used are to pay less than the 80% required or simply delay paying the bills or lost wages. In either of these scenarios, the injured person may have cause to sue his or her own insurance company.

Florida's law regarding PIP benefits has been substantially modified in the last several years. The laws have been made more complex and as a result there are many different requirements and procedures for obtaining PIP benefits and determining exactly how the PIP benefits get utilized. The insurance companies have become more and more sophisticated in using the PIP laws to their advantage and to the detriment of the insured.

If you or anyone you know has been in an accident and has a possible claim for personal injury protection benefits resulting from injuries sustained in an automobile accident, it is important for them to retain an attorney to help guide them through the complexities involved with Florida's personal injury protection laws. Our firm will always be available to analyze the claim and evaluate the probability of success in collecting damages and attorneys fees from the insurance company providing the personal injury protection benefits.

At Abramowitz, Pomerantz & Coffey P.A., the lawyers are experienced personal injury attorneys who have handled many cases involving personal injury protection claims. We urge you to contact us directly regarding any questions you may have about a possible personal injury protection claim arising out of injuries which were sustained as a result of an automobile accident, with the knowledge that you are dealing with an experienced AV Rated law firm specializing in personal injury law. In many instances, the insurance company is responsible for payment of your reasonable attorneys fees in the event you are successful in bringing a personal injury protection claim against them. We will be more than happy to provide you with a free initial consultation to enable you to discuss the merits of your claim with one of our attorneys. Please feel free to contact us today at (954)572-7200, by email at info@abrpom.com or by filling out our online claim form contained in our website at www.floridainjurylawyers.com.