A personal injury protection (PIP) lawsuit involves suing an insurance company for medical bills and other damages following a vehicle accident when the insurance company breaches their contractual duties under a PIP insurance policy. You may want to file a PIP lawsuit against another driver if you believe PIP won’t compensate you appropriately for your damages.
What Should I Know about PIP and Insurance in Florida?
PIP is an extension of car insurance residents of Florida must purchase if they own a car. Even if you already have Medicare or medical health coverage through your employer, you will still need to pay for PIP coverage.
Despite most states adopting fault-based insurance laws, Florida adopted a motor vehicle no-fault law (Florida Statutes § 627.7407) that makes PIP coverage mandatory for car owners. In the event of a vehicle accident, both parties make claims to their own insurance providers, regardless of who is at fault.
While insurance companies should be helping you to recover the benefits you are entitled to following an accident, these companies may not be so helpful. You may face numerous challenges when attempting to secure damages for covered losses under your PIP policy. Your insurer may use confusing and litigious tactics to avoid or delay payment. However, a PIP lawyer from our firm can help.
More About What PIP Covers
PIP covers necessary medical procedures, as well as reasonable expenses related to treatment and rehabilitation following a vehicle accident. Florida Statutes § 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”.
It is important to note that Florida Statutes § 627.736 limits PIP coverage as follows:
- If you do not seek medical treatment within 14 days of the vehicle accident, your PIP provider may deny your claim for benefits.
- You must be treated by a medical professional (a doctor, osteopath, chiropractor, and/or EMS provider).
- Unless you are diagnosed with an emergency medical condition (EMC), you can claim only up to $2,500.
- PIP will pay for only follow-up treatment for the original condition diagnosed as an EMC.
- PIP does not cover acupuncture or massage therapy.
“Emergency medical condition” is defined under Florida Statutes § 395.002(8) as “a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following”:
- Serious jeopardy to the patient’s health
- Serious impairment to bodily function
- Serious dysfunction of any bodily organ or part
Common Reasons to File a PIP Lawsuit
If you have costs beyond the cap that applies in your situation, or if you sustained serious injury, emotional trauma, loss of future earning capacity, or other damages, you may need to file a PIP lawsuit against the at-fault party in order to seek additional compensation. You may also need to file a PIP lawsuit if you have a claim that was denied, delayed, or undervalued.
If you have any questions or concerns, a personal injury lawyer from our firm can consult with you and discuss your legal options.
Common Reasons Insurance Companies Delay Or Deny Claims
Common tactics PIP providers use to deny, underpay, or delay claims include:
- Asserting the claimant did not receive medical care within 14 days
- Asserting the claimant did not sustain an emergency medical condition
- Stating the claimant did not suffer injuries that were related to the accident
- Stating the claimant received treatment that was not reasonable or necessary
- Using delay tactics, such as not answering calls or email, or continually requesting unnecessary documentation
It may seem daunting, but it is important not to let the insurance company avoid its responsibilities. You do not have to face this alone and you do have options. Retaining legal assistance can protect you from your insurance provider and help you recover fair compensation for your injuries and other damages.
When to Contact a Lawyer About a PIP Lawsuit
If you were involved in a vehicle accident that caused serious personal injuries or the death of a loved one, it may be in your interest to file an injury lawsuit against the at-fault party rather than trying to settle your case with your car insurance company.
Seek legal counsel from our firm if you have any concerns before contacting your insurance provider.
A Florida PIP lawyer from our firm can help you seek justice and compensation for medical expenses, lost wages, property damage repairs, ongoing medical care costs, loss of earning capacity, and pain and suffering.
The Law Offices of Anidjar & Levine works hard to protect your rights in the event of a serious car accident and can advise you about filing a PIP lawsuit and recovering your due compensation. Contact us for a free case evaluation.
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