MARIO GUNDE PETERS & KELLEY

– Attorneys and Counselors at Law –

Brevard County Florida

Auto Accidents and Personal Injury Protection in Florida

Florida Personal Injury Protection requirement

October 5, 2021

In the State of Florida, it is required by law that every motor vehicle insurance policy include what is commonly referred to as PIP coverage.

PIP stands for Personal Injury Protection, and it is insurance that covers you, your passengers, and your household members in the event you are involved in a motor vehicle accident, regardless of fault. It will also provide coverage for an individual you may injure while operating your motor vehicle who is not in a motor vehicle of their own, such as a pedestrian or bicyclist. Florida Statute 627.736 requires that your insurance company provide a minimum of $10,000.00 in PIP coverage for medical and disability benefits and $5,000.00 for death benefits.

However, to be eligible to receive PIP coverage, you must seek medical attention within the first fourteen (14) days of the accident.

The initial medical care you seek must be from a physician, dentist, chiropractic physician, or hospital facility. A physical therapist, massage therapist, or acupuncturist, among others, does not qualify. If you seek medical attention within that time from an authorized provider, your PIP coverage will pay for or reimburse you for “eighty percent of all reasonable expenses for medically necessary medical, surgical, X-Ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care” up to $10,000.00. Florida Statute 627.736(1)(a).

There are, however, some exclusions to this coverage.

PIP will not be eligible to a person who does not seek coverage within the first fourteen (14) days after the accident, a person who intentionally harms him or herself, a person injured while committing a felony, or if the person injured was in a vehicle owned by the insured that was not insured under the policy and was driven by another party without the consent of the insured.

It is very important that you seek medical attention immediately after an accident, even if you do not immediately feel any pain. Some injuries do not show symptoms immediately, and if you delay seeking treatment, you could be barred from receiving PIP coverage.

There are strict deadlines you must adhere to when pursuing a personal injury claim. If you have been involved in an auto accident and have questions, call us for a free consultation.

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