What is a PIP Lawsuit?

Florida automobile insurance laws require vehicle owners to have a minimum of $10,000 in personal injury protection (PIP) coverage. Florida follows a motor vehicle no-fault law (FL § 627.736 ) that makes PIP coverage mandatory for car owners. This means that, in the event of a vehicle accident, both parties make claims to their own insurance providers, regardless of who is at fault.

PIP covers necessary medical procedures, as well as reasonable expenses related to treatment and rehabilitation following a vehicle accident. FL § 627.736 states that PIP covers up “to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle”

FL § 627.736 limits PIP coverage in the following ways:

• If you do not seek medical treatment within 14 days of the accident, your PIP provider may deny your claim for benefits;
• You must be treated by a medical professional (hospitals and EMS services, doctors, osteopaths, and/or chiropractors,);
• You can only claim up to $2,500 unless you are diagnosed with an emergency medical condition;
• PIP will only pay for follow-up treatment for the original condition diagnosed as an emergency medical condition (“EMC”); and
• PIP does not cover acupuncture or massage therapy.

Florida law defines EMC as an ailment that requires immediate medical attention and could reasonably be expected to result in serious jeopardy to the patient’s health, serious impairment to bodily function, or Serious dysfunction of any bodily organ or part.

If you have been seriously injured, $2,500 may not fully cover the cost of medical treatments. For costs beyond $2,500 or if you sustain serious injury, emotional trauma, or loss of future earning capacity, you may need to file a PIP lawsuit against the at-fault party in order to seek additional compensation.

Contact an Attorney

If you are involved in a vehicle accident that causes serious personal injuries, it may be in your best interest to file an injury lawsuit against the at-fault party that caused your crash rather than settling with your car insurance company. Your attorney can represent you to make sure you are fully compensated for medical expenses, lost wages, property damage repairs, ongoing medical care costs, loss of earning capacity, and pain and suffering.