Florida law currently requires that all owners of motor vehicles registered in the state have personal injury protection (PIP) or “no fault” insurance. This type of insurance is intended to expedite payment for medical expenses following accidents and decrease the need for litigation to establish fault. It makes you responsible for your own motor vehicle accident injuries regardless of who caused the accident.
It sounds simple, right? However, in reality, PIP coverage is complex. Figuring out who is paying for what after an injury accident is typically confusing and stressful at a time when you have enough to handle just trying to recover from the injuries you’ve sustained and the trauma of having been involved in an accident.
If you’re in a situation like this, the personal injury protection claims attorneys of the Davila Law Group can help. We have over 20 years of experience helping Floridians with their insurance claims and want to put our expertise to work helping you get all of the benefits you are entitled to.
How PIP Works
The first step in filing a PIP claim is understanding how the insurance works. Typically, after applicable deductibles, your PIP insurance pays 80% of your medical bills and 60% of your lost wages. However, PIP will pay only a maximum of $2,500 if you are injured in an automobile accident but do not have what’s considered an emergency medical condition (EMC) and up to $10,000 if you do have an EMC.
But how do you know if you have what’s considered an EMC? According to Florida law, an EMC is a medical condition that requires immediate medical attention and could reasonably be expected to seriously jeopardize your health. A medical provider has to describe your condition as such for it to be considered an EMC.
What happens, however, if no medical provider reports you have an emergency medical condition? What if your PIP has already paid out $2,500, but your medical problems and need for treatment are persisting? What if, after you believe you have coverage for an EMC, an Independent Medical Examination says you do not have an emergency medical condition and your PIP benefits are cut off?
If you’re facing situations like these or other problems with your PIP insurance, an experienced personal injury protection claims attorney can help you get the PIP benefits and additional compensation you’re entitled to.
Another PIP Stipulation
Another confusing issue that accident victims encounter is the 14-day time period stipulated for initial treatment in order to be eligible for PIP payment. That is, in order to be eligible for PIP to cover your medical expenses (whether up to $2,500 or $10,000), you must receive initial treatment for your injuries within 14 days of an accident, and the type of treatment given must reflect the extent of the injuries you sustained due to the accident.
Fortunately, an emergency medical condition does not have to be identified within this 14-day time period for you to qualify for the greater PIP benefit, as long as you sought treatment within 14 days of the accident. In addition, your PIP insurance should cover follow-up services related to the diagnosed condition, with the exception of massage and acupuncture therapy.
Get Help from an Experienced Florida PIP Claim Attorney
The attorneys of the Davila Law Group want to put our expertise to work helping you get all of the benefits you deserve when you need them. We’ll help you identify and document all of your expenses, ensure forms are filled in and submitted in accordance with your insurance company’s requirements, and review requests for letters from doctors saying that unpaid expenses will be paid from the settlement of your claim.
Also, if you’ve suffered serious, permanent injury from a car accident, we will file a personal injury lawsuit against the at-fault driver and will be prepared to fight in court to help you recover payment for medical expenses, lost wages, and other damages not covered by PIP.