Personal injury protection coverage, also known as PIP insurance, is a type of auto insurance that helps protect you in the event of an accident. It can provide coverage for medical expenses and lost wages.
Do you need it? That depends on your state’s laws and your own personal circumstances. In this article, we will go in-depth into the discussion of what is personal injury protection, as well as other cases where you may recover personal injury damages from an accident you have been involved in. The best way to ensure that you receive fair compensation is by hiring Jared Spingarn, P.A., a reputable personal injury attorney based in Hallandale Beach, Florida.
Personal Injury Protection (PIP)
In some state laws, including Florida, auto insurance requires PIP coverage. In others, it is optional. If you live in a state where PIP insurance is not required, you may still want to consider it. If you don’t have health insurance or if your health insurance has high deductibles, PIP coverage can help pay for accident-related medical costs.
Personal injury insurance covers the costs associated with injuries caused by accidents. Although it can be availed as a stand-alone policy, is usually an add-on to your overall car or automobile insurance.
PIP vs Regular Auto Insurance
An important distinction to make is the difference between PIP and a regular car insurance policy. Your regular car insurance covers damage caused to property, and other vehicles as well as any legal liabilities arising from an accident that may have been caused by you. It has medical payments coverage for anyone you might have injured during a car accident. It does not cover your own injuries from the incident.
PIP, on the other hand, only focuses on the injuries that you sustained as a result of an accident. You gain medical payment coverage for yourself. It also covers any rehabilitation or treatment costs that may be necessary. Other reasonable expenses coverage defined by personal injury protection coverage can include:
- Lost income
- Funeral expenses (in some states)
It is important to note that in some states, what personal injury protection covers is medical expenses and other related compensation only related to your injuries. All necessary car repair work will therefore not be included with the PIP. The driver responsible for vehicle damages should have a written claim with their insurer for the loss. You must file your own car damage claim under your collision policy in the event your car breaks down. If you have no other car, damage to it may possibly be covered under the other driver’s liability policy.
Things outside the coverage of PIP
To provide a clearer explanation, here are some things that personal injury protection insurance may not intend to cover:
- Bodily injury to other people that were involved in the car accident
- Property damage
- Injuries caused by an act of God or nature, such as a hurricane or earthquake
- Legal fees and expenses
PIP is not required in every state, but it may be a good idea to consider it if you don’t have health insurance or if your health insurance has high deductibles. PIP can help pay for medical expenses and lost wages resulting from an accident.
PIP laws in Florida
Florida has laws particularly related to personal injury protection insurance. Its negligence laws allow its citizen to get insurance coverage for injuries suffered from any unintentional circumstances like a car crash, while the state law requires personal injury protection auto insurance for all registered owners of motor vehicles. The PIP insurance has to have at least a $10,000 minimum amount of coverage.
What is a no-fault insurance state?
The term “no-fault” means that your own insurance company pays for your physical injuries and damages, regardless of who is found to be at fault for the car accident. No-fault laws were enacted to reduce the number of lawsuits filed over small car accidents. In a no-fault state, you would file a claim with your own insurance company regardless of who caused the accident.
No fault insurance states have different rules, but usually, each driver’s own PIP coverage pays for their medical expenses and lost wages up to a certain limit, regardless of who caused the accident. In some no-fault states, there is a threshold of serious injury that must be met before you can file a lawsuit against the at-fault driver.
Negligence Laws in Florida
Florida also has negligence laws that allow people to recover personal injury damages at the hands of someone “negligent”. The element of negligence or strict liability is pertinent to such cases and has to be established. To prove such existence, you must:
- Prove that a party had a duty to act carefully;
- That they failed to fulfill this duty; and,
- That you suffered injuries due to this failure to act carefully.
A successful personal injury lawsuit will compel the negligent party to pay the injured victims, even if they do not have any personal injury protection. The negligent party covers medical expenses and in some cases, shall be liable for other types of damages.
Jared Spingarn is a reliable personal injury lawyer in Florida that has helped many people recover the damages they are owed. If you have been injured in an accident and believe that someone else is at fault, contact Jared today to schedule a free consultation. They will review your case and help you determine if you have a claim.
Other Cases where PIP Coverage may be Claimed
Aside from an auto accident where you are the driver, there are other cases where personal injury protection (whether it is an add-on to your auto insurance or not) may be extended and these include the following:
- Motor vehicle accident as a passenger
- Bicycle accidents involving motor vehicles
What can personal injury protection coverage do on these occasions? In the occurrence of the above incidents, your personal injury protection insurance will cover your related expenses. Injuries are often unplanned and no one knows when they will happen. By having personal injury protection, you can have peace of mind knowing that you are covered financially in the event you are injured.
If you have an existing personal injury protection insurance but the company refuses to cover your medical bills, you have the option to file a case against them. The first step would be to send a demand letter that specifies the damages you are owed and why you believe the insurance company is liable. If they still refuse to cooperate, you can then file a personal injury lawsuit against them. Jared can help you with this process and ensure that you are fairly compensated for your injuries.
Do you need PIP when you have health insurance?
You might be wondering if you need PIP insurance if you already have health insurance. The answer to this question depends on a few factors, including your health insurance coverage and the state you live in.
If you live in Florida where PIP coverage is required by law for all motor vehicle owners, then you will need to have PIP insurance even if you have health insurance. If you do not own a car or live in a state where PIP coverage is not required, then you might not need it if you have health insurance that will cover your medical expenses in the event of an accident.
However, personal injury protection coverage can still be beneficial even if you have health insurance. This is because your health insurance company may not cover all of your medical bills after an accident especially if the medical bills exceed the limit, leaving you with a bill that you will be responsible for. PIP coverage can help to cover these expenses so that you are not left with a large amount to pay.
Either way, if you believe that your injury is caused by a negligent party, you should always consult with a personal injury lawyer to discuss your case and find out if you are entitled to any compensation.
How do I file a PIP claim?
If you need to file a PIP claim, you should contact your insurance representative and let them know that you have been in an accident and need to file a claim. They will then send you the necessary paperwork to fill out and return. Once they receive your paperwork, they will review your case and determine if you are eligible for PIP coverage.
If they determine that you are eligible, they will then begin to process your claim and reimburse you for your medical expenses. If they deny your claim, they will send you a letter explaining why your claim was denied. At this point, you can either accept their decision or appeal the denial.
Appealing a PIP denial can be a difficult process, so it is important to consult with a personal injury lawyer before taking this step. Jared will be able to review your case and help you determine if you have a valid claim. If you do, they can then assist you in filing an appeal and represent you throughout the appeals process.
To recap, what is personal injury protection? It is a type of insurance that can cover your medical expenses and lost wages if you are injured in an accident. PIP coverage is required by law in some states, so it is important to check the laws in your state to see if you are required to have it. In Florida, all registered car owners are required to have no-fault insurance.
If you have been injured in an accident in Hallandale Beach, discuss your case with Jared Spingarn, especially if you are having trouble compelling your insurance company to cover your medical bills, or, if you believe your injuries are caused by the negligence of another party. Jared will review your case to see if you are entitled to any compensation and help you determine the best course of action to take. Contact the law firm today for a free consultation.
>> If you sustained personal injuries in an accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.