The events during and after a motor vehicle accident can be chaotic and traumatic. You are entitled to Personal Injury Protection (PIP) in Florida, even if you do not have health insurance, and regardless of who was at fault for causing the accident. It is a required coverage under every car insurance policy in Florida.
Although things may seem like a blur, it’s important to understand the steps one needs to take after an accident. One of the more important steps to take after a motor vehicle accident is to ensure you receive the medical attention you need. This is important, especially if the accident caused injury to a part of your body.
What Is Personal Injury Protection?
Personal Injury Protection (PIP), or no-fault automobile insurance, is mandatory in the state of Florida. It is even stated in the Florida Statutes that an “insurance policy must provide personal injury protection to the named insured”. This is because Florida is considered a “no-fault” state.
No matter who is at fault for an accident, all parties can seek medical attention for any injuries sustained. PIP insurance covers the medical bills of you and your immediate family members who reside with you. It also covers passengers who do not own a vehicle or live with a relative who has their own insurance policy.
Personal Injury Protection on your automobile insurance will cover up to $10,000 of medical expenses following an accident. Under Florida’s “no-fault” system, PIP policies help ensure anyone injured in a car accident can seek medical attention and have the majority of their medical expenses covered without waiting for a court or insurance company to determine fault.
PIP insurance coverage will pay 80% of the amount allowed under the PIP reimbursement fee schedule to your medical providers. This leaves a 20% balance. If you have private health insurance, Medicare, or Medicaid, you can submit your medical bills to your insurance provider. If you do this, there is a good chance that the remaining 20% balance will be written off completely or greatly reduced.
The Fourteen-Day PIP Window
There are only 14 days after an accident to seek medical treatment to ensure it is covered by your PIP benefits. If you fail to seek initial treatment within the fourteen-day window, then you may lose out on the $10,000 in PIP benefits that you are entitled to receive. That’s why there is such an emphasis on seeking medical diagnoses and treatments within this window. This 14-day time limit is one of the reasons seeking medical care is so important after a motor vehicle accident.
One thing we commonly hear at Hunter Law is that people are too busy or do not want to be bothered with seeking medical care. They do not think they are that injured or that their injuries seem minor and will get better on their own over time. This mindset can be a devastating mistake.
Far too often, we see clients who did not think they were that injured. Through the course of treatment, they find out that they suffered significant injuries that require procedures such as spinal injection therapy and even surgery. It is important to get yourself medically examined if you are suffering any discomfort or suspect any injuries following a car accident.
Seeking Medical Assistance Decisions
Determining whether to go to an emergency room, urgent care, or your primary care physician can be a troubling decision. At Hunter Law, we always encourage our clients to listen to their bodies and respond accordingly. If you experience physical symptoms immediately after an accident, we recommend erring on the side of caution and presenting immediately to an urgent care center or emergency room. Have your car insurance policy information handy, as the facility will need it to begin processing your PIP insurance claim.
If you decide to wait a day or two to seek medical attention, it may be best to go to a medical provider who specializes in treating car accident victims. Too often, we see primary care physicians unwilling or unable to properly treat our clients. Ultimately, wherever you decide to treat, it is always best to do so as soon as possible.
Read more in our blog: The Personal Injury Law Changes in Florida 2023
Understanding Florida’s Automobile PIP and Fourteen-Day Rule Together
Understanding the importance of Florida’s 14-day PIP policies helps you determine your first steps after a car accident. Seeking medical attention after an accident is always important. But having a basic understanding of Florida’s PIP law is also very helpful. PIP insurance can help ensure that an injured person does not have to wait for their insurance or the insurance of the other party to accept responsibility before seeking medical attention.
Although insurance policies can vary from person to person, there are requirements under Florida law. Florida’s “no-fault” and personal injury protection policies can get a little confusing. It is there for the benefit of those who are involved in an accident.
The personal injury attorneys at Hunter Law are always available to assist our clients in navigating the rough, murky waters after a motor vehicle accident. If you ever have any questions or concerns, we are always here. We will provide our insight and advice based on our years of experience. We hope that you never need us, but if you do, we are here for you. Feel free to contact us anytime.
Resources/References:
§627.736 Required Personal Injury Protection Benefits; Exclusions; Priority; Claims, Fla. Stat. (2019)
Florida Office of Insurance Regulation. Personal Injury Protection (PIP) for Auto Insurance. Retrieved August 05, 2020, from https://www.floir.com/Sections/PandC/ProductReview/PIPInfo.aspx