Car accidents are stressful enough on their own. Florida’s no fault rules and Personal Injury Protection insurance can make things even more confusing. Many people call Dennis Hernandez Injury Attorneys after a crash and say the same thing. They want to know who pays the medical bills, whether they can sue, and how long they have to decide.
This page explains how no fault and PIP really work in Florida. It also describes when you can step outside the no fault system and bring a personal injury claim.
What Does It Mean That Florida Uses A No Fault Insurance System?
Florida is currently a no fault state for most car crashes. That means state law requires every owner of a motor vehicle to carry PIP coverage. The goal is fast payment of certain losses, without a fight over who caused the crash. Florida’s Motor Vehicle No Fault Law appears in sections 627.730 through 627.7405 of the Florida Statutes.
Under this system, injured people usually start with their own policy for basic benefits. Fault still matters for many things, but it is not the first question for medical bills and some lost wages.
Lawmakers have debated ending no fault and PIP several times. Recent proposals would replace mandatory PIP with other coverage, but those bills have not been fully enacted yet. Drivers should still expect PIP requirements to apply unless the law changes.
What Is Personal Injury Protection Coverage?
Personal Injury Protection, often called PIP, is a required part of most Florida auto policies. PIP is designed to pay specific benefits after a crash, no matter who caused it. Florida Statute 627.736 sets out the required benefits and rules.
Most standard policies provide at least ten thousand dollars in PIP benefits. That money can help with medical treatment, a portion of lost wages, and certain household services. PIP is meant to give quick help so injured people can start treatment and avoid immediate financial strain.
Who Can Receive PIP Benefits After A Florida Car Accident?
PIP does not only protect the vehicle owner. Several groups may qualify for benefits under a single policy.
First, the named insured is covered while driving, riding as a passenger, or even as a pedestrian in some situations. Members of the insured’s household are usually covered when they are injured in a motor vehicle crash. Passengers who do not own a vehicle may receive PIP from the vehicle they occupied or from another household policy.
Pedestrians and cyclists may receive PIP benefits from the policy on the vehicle that struck them. They may also receive PIP from their own policy if they have one. The exact order can get complicated, especially when several policies exist. This is one reason many people call a personal injury attorney soon after a crash.
What Does PIP Usually Pay And What Are The Common Limits?
PIP benefits focus on economic losses, not pain and suffering. Standard policies pay a percentage of reasonable medical bills, usually up to eighty percent of covered charges. They can also pay a portion of lost income, often sixty percent, when injuries keep someone from working. Some policies also pay for replacement services, such as help with household chores that the injured person cannot perform.
All of these benefits are subject to the policy limit, which is often ten thousand dollars. Once that limit is exhausted, PIP usually stops paying. Many injured people are surprised by how quickly serious injuries can use up that amount.
PIP does not normally pay for vehicle damage. Property damage claims follow different coverage and rules.
Why Does The Fourteen Day Rule Matter For PIP Benefits?
Florida law uses a strict timing rule for PIP medical benefits. In most cases, an injured person must seek medical care within fourteen days of the crash. That step is necessary to qualify for PIP coverage.
In addition, the type of diagnosis can affect the amount available. If a provider does not document an emergency medical condition, some policies limit benefits to a smaller amount. These rules catch many people off guard. Delays and gaps in treatment also give insurers excuses to dispute claims.
Because of this, it is usually wise to get checked by a doctor soon after any crash. That advice applies even when pain seems mild at first. Hidden injuries can appear days later, and early records help both health and legal claims.
When Can You Step Outside No Fault And Sue The At Fault Driver?
No fault rules do not block all lawsuits. Instead, they control when an injured person can seek certain damages from the at fault driver. Florida’s serious injury threshold appears in section 627.737 of the Florida Statutes.
To step outside no fault for pain and suffering damages, an injured person usually must show one of several conditions. These include a significant and permanent loss of an important bodily function. They also include a permanent injury within a reasonable degree of medical probability. Significant and permanent scarring or disfigurement and death are additional categories.
When an injury meets one of these categories, the injured person may pursue a claim against the at fault driver. That claim can seek both economic and non economic losses.
Even when the serious injury threshold is not met, someone may still have claims for property damage. They may also pursue some unpaid economic losses. Every case needs careful review based on the medical records and the crash facts.
How Do PIP, Health Insurance, And Other Coverages Work Together?
Many people have more than one type of insurance that may apply after a crash. PIP is usually the starting point for medical bills. Health insurance may help pay remaining balances after PIP pays its share. Some policies require a proper PIP claim before health insurance will step in.
Optional coverages can fill more gaps. Medical payments coverage may pay additional medical bills. Uninsured and underinsured motorist coverage can help when the at fault driver has little or no bodily injury liability coverage. These claims are separate from PIP and often involve different rules and strategies.
Coordinating all these policies can feel overwhelming. A personal injury attorney can review the policies, track deadlines, and fight for full use of every benefit.
What Problems Commonly Arise With PIP Insurance Claims?
PIP is supposed to provide quick, automatic help. In practice, insurance companies often use strict readings of the statute to reduce or deny payments. Some common problems include arguments that treatment was not reasonable, necessary, or related to the crash. Insurers also dispute billing codes and amounts. They may claim that the injured person waited too long to seek care.
Insurers may also send injured people to their own doctors for so called independent medical examinations. Those reports often downplay injuries or state that treatment is no longer necessary. The company may then cut off future benefits based on that opinion.
These tactics can leave injured people facing unpaid medical bills and pressure from collection agencies. An experienced attorney can challenge unfair denials, gather supporting medical evidence, and negotiate with providers.
How Do Deadlines And Recent Legal Changes Affect PIP And Injury Claims?
PIP claims involve several time related rules. Providers must usually submit bills within a limited period after treatment. Insurers must respond within set time frames. When an insurer unreasonably delays or denies payment, additional remedies may be available.
Separate deadlines control personal injury lawsuits arising from car crashes. Florida recently shortened the statute of limitations for many negligence claims to two years from the date of the accident. Waiting too long to talk with an attorney can therefore be very risky.
Legal rules around PIP and no fault sometimes change when lawmakers amend the statutes. Proposed bills have even tried to repeal mandatory PIP coverage in recent sessions. Ongoing debate makes it important for injured people to get up to date advice based on current law.
How Can A Personal Injury Attorney Help With No Fault And PIP Issues?
Many injured people try to handle insurance claims alone at first. They soon find that adjusters do not explain their rights and may push quick, low settlements. A personal injury attorney steps in as an advocate. An attorney can explain how PIP works and answer common questions. The lawyer also checks that claims and medical records are submitted correctly and monitors payment of benefits.
When injuries meet the serious injury threshold, the attorney can also pursue a claim against the at fault driver. That claim can seek compensation for pain and suffering, future medical care, and loss of earning capacity. The attorney can also advise about comparative fault rules and other defenses that may affect recovery.
At Dennis Hernandez Injury Attorneys, the legal team focuses on helping people hurt in crashes and other accidents. The firm has recovered millions and millions of dollars for injured clients across Florida. The team understands how stressful serious injuries can be. The lawyers work to shoulder the legal burden so clients can focus on healing.
Why Do Injured People Across Florida Turn To Dennis Hernandez Injury Attorneys?
Choosing a lawyer is a personal decision. Many clients turn to Dennis Hernandez Injury Attorneys because they want a firm that knows Florida’s no fault rules. They also want lawyers who know how to fight large insurance companies. The lawyers investigate crashes, work closely with treating doctors, and build detailed evidence of injuries and losses.
The firm’s approach is hands on. Clients can ask questions at every stage and receive clear explanations of their options. The legal team prepares every case as if it may go to trial. That preparation often helps in settlement negotiations. Insurance companies know the firm is ready to take a case to court when needed.
Most important, the firm is committed to pursuing the full value of each claim. The motto We fight to get you paid reflects that focus on results and client service.
What Should You Do After A Crash To Protect Your PIP And Injury Rights?
After any car crash in Florida, health and safety come first. Call emergency services if anyone may be hurt. When it is safe, gather contact and insurance information for all drivers and witnesses. Taking photos of the vehicles, the road, and visible injuries can help later.
Seek medical attention as soon as possible, even if symptoms seem minor. Early evaluation supports both medical recovery and PIP eligibility. Tell providers that your injuries come from a motor vehicle crash so the records are clear.
You should also report the crash to your own insurance company, but be careful with recorded statements. Adjusters may ask leading questions that minimize your injuries. Before giving detailed statements or signing forms, many people feel more comfortable speaking with a personal injury attorney.
Prompt legal advice can help protect your rights, preserve evidence, and avoid costly mistakes. An attorney can deal with the paperwork, deadlines, and negotiations so you do not have to face the process alone.
