In Florida, drivers are required to carry Personal Injury Protection (PIP) insurance. This type of insurance, also called "no-fault insurance" covers injuries caused by an accident, regardless of who is at fault. The theory behind PIP insurance is to ensure that any individual will receive compensation for injuries they receive as the result of an accident.
The reality of PIP insurance is much more complicated. PIP laws in Florida can be complicated and confusing, requiring the help of an experienced PIP legal team. At Frankl & Kominsky, our knowledgeable personal injury attorneys can help navigate the legal maze and assist victims in receiving the PIP compensation they deserve.Florida PIP Limits
In a Personal Injury Protection (PIP) claim, or a "no fault" insurance claim, an individual files a claim against his or her own insurance after an accident. The claim can include medical and hospital costs, prescription and physical therapy costs, payment for lost wages, and other expenses affiliated with an accident. Again, the PIP claim does not assess who is at fault in an accident. There are limits to the amount a PIP claim will pay out, however. PIP insurance companies will pay either the amount of the claim or the limit of what the state allows, depending on which is lower.
Florida PIP laws allow victims of accidents to recover medical costs, lost wages, and death benefits. The law allows victims to receive payment for almost all types of medical costs, although some - including acupuncture - are excluded.
Florida law does, however, establish limits on the percentage of the cost that PIP will cover. Under Florida law, 80% of medical expenses are covered by PIP. This amount is only for "emergency" care. If injuries and medical needs are considered non-emergency injuries, then the State of Florida allows insurance to provide benefits only up to $2,500. Moreover, although lost wages are covered, they also have limits. If an individual is disabled in a car accident, Florida law states that PIP will cover up to 60% of lost wages, up to $10,000. For death benefits, PIP in Florida will provide up to $5,000 to cover funeral and burial expenses.Recouping Compensation Under PIP
While the idea of PIP is to streamline the insurance process and to enable victims to obtain funds more quickly, the reality of PIP is more difficult, and often requires the assistance of legal professionals like Frankl & Kominsky to help. Frankl and Komisky have helped numerous South Florida victims gain compensation under PIP laws and file personal injury lawsuits to recoup remaining costs when a negligent driver is at fault.
At Frankl & Kominsky, our skilled lawyers know that PIP claims have stringent requirements, including that victims must seek treatment for injuries within two weeks of an accident. Additionally, while insurers can take 60 days to investigate a claim, they must pay damages within 30 days after a claim is filed. There are also requirements regarding obtaining PIP lost wages, and specific documents victims must file to be eligible to gain lost wage compensation.
Frankl & Kominsky knows how to fight for the rights of victims of car accidents to receive PIP benefits, and also knows when to file personal injury suits against negligent drivers or others responsible for accidents, such as cities, counties, construction companies, and manufacturers. We know that car accidents are stressful, and we work to get victims compensation as soon as possible.
If you or a loved one in South Florida has suffered in a car accident, you may be entitled to a PIP claim. Call us today at (855) 800-8000 or fill out our online form for a free consultation. We serve clients in South Florida communities such as Lake Worth, Boca Raton, Boynton Beach, Delray Beach, and Palm Beach Gardens. We are fluent in Spanish and Creole.