PIP Claims After a Car Accident in Florida
Our Plantation, FL, attorneys can help you fight for maximum compensation
In Florida, if you are injured in a car accident, one of your initial steps for handling medical bills and lost wages might involve filing a Personal Injury Protection (PIP) claim. Florida is a no-fault insurance state, meaning that drivers are required to carry PIP insurance that covers their own injuries and lost wages regardless of who caused the accident.
The downside of a PIP claim is that it only covers a percentage of medical costs and partial wage replacement. The insurance company will often attempt to delay or deny the claim or may offer a smaller settlement than you deserve. The experienced attorneys at Feingold Posner Draizin in Plantation, FL, are ready to fight for you.
Understanding PIP coverage in Florida
Every driver in the state is required to carry a minimum of $10,000 in PIP coverage. This coverage is designed to provide injured drivers with up to 80% of their medical expenses and 60% of lost wages, with a limit of $10,000, following a car accident. PIP also provides a death benefit of $5,000 per individual.
The key advantage of PIP is that it pays out claims quickly without the need to establish fault, providing financial relief almost immediately. But that doesn’t mean you’ll get the amount you deserve.
After an accident, you have a 14-day window to seek medical attention for your injuries to qualify for PIP benefits. If you wait longer, you may lose your eligibility to receive these benefits. That’s why once you receive medical care, you should inform your healthcare provider that the injury is related to a car accident.
It is also crucial to notify your insurance carrier of the accident as soon as possible. Your insurance company will then provide you with a PIP application, which you must fill out and return promptly. Documentation is key to a successful PIP claim, so gather all relevant medical records, bills, and proof of lost wages to submit along with your application.
How do insurance companies try to minimize PIP claims?
Insurance companies use different tactics to minimize payouts on Personal Injury Protection (PIP) claims. These include:
- Disputing medical necessity – Insurers can deny or reduce the claim amount by challenging whether the treatments were essential and related to the accident. They often request extensive medical records and might even require an independent medical examination (IME) to assess the injury and treatment.
- Challenging the emergency medical condition status – Florida’s PIP law limits coverage to $2,500 for non-emergency conditions. Insurers may attempt to classify injuries as non-emergency to cap the benefits, even when the injuries might qualify as emergencies under broader medical standards.
- Requiring additional documentation and proof – Insurers may request excessive documentation to prove the claim, which can be a tactic to delay processing or find discrepancies that could justify reducing or denying the claim. This may include detailed medical histories, employment records, or proof of every appointment and procedure.
- Quick settlement offers – Sometimes, insurance companies offer a quick settlement that may be much lower than the actual worth of the claim. It can be tempting to accept their offer when you are facing medical bills and other financial pressures.
How can an attorney help with my PIP claim?
An attorney can guide you through the complex PIP claims process, helping you understand your rights and the specific requirements of Florida’s no-fault insurance laws. They can ensure you meet critical deadlines, such as the 14-day window for seeking initial medical attention to qualify for PIP benefits. A lawyer can also:
- Handle documentation and forms – An attorney can help gather and organize all necessary documentation, including medical records, proof of lost wages, and any other relevant evidence. They can also ensure that required forms are filled out accurately and submitted on time, reducing the chances of delays or denials.
- Deal directly with insurance companies – Insurance companies often attempt to minimize the amount they pay out. An attorney can negotiate with your insurance company on your behalf to ensure that you receive the benefits your policy allows so you can focus on healing from your injuries.
- Fight for maximum medical treatment coverage – Florida’s PIP laws have specific stipulations about what types of treatments are covered and to what extent. An attorney can advise you on how to get the treatment you need while staying within the bounds of what PIP will cover, ensuring that the medical care you receive is adequately compensated.
- Resolve disputes – If there is a dispute about whether your condition qualifies as an “emergency medical condition” or if there are disagreements over the necessity of certain medical procedures, an attorney can argue on your behalf.
- Represent you in court – If a settlement can’t be reached, a lawyer can prepare and file a lawsuit, represent you in hearings, and advocate for your interests.
The attorneys at our firm know how to handle insurance companies. We used to represent them. Because of this experience, we understand the tactics they’ll use to try to minimize your claim and how to build a strong case that helps you maximize compensation.
If you were hurt in a car accident in Plantation, Broward County, or anywhere in Florida, contact us to schedule a free consultation. We can review the details of your crash and discuss your PIP claim as well as other legal options.