Dan Newlin
Law Offices of Dan Newlin
Florida No-Fault and Personal Injury Protection (PIP)
Auto insurance is something that is involved in many people’s daily lives. The truth is that insurance policies are often complex and difficult to fully comprehend. One of the most complex areas in an auto insurance policy is the explanation of No-Fault benefits and Personal Injury Protection (PIP).
The State of Florida is commonly referred to as a “No-Fault” state. Sadly, this generic tag does little to explain exactly what law means. Florida No-Fault laws are governed by Florida Statute 627.736. Essentially, the law requires that every insurance company provide insured Florida drivers with $10,000 of Personal Injury Protection or was is commonly known as PIP.
PIP is designed to protect the insured party regardless of who is at fault. Essentially, when parties are involved in an auto accident, providing that they both carry auto insurance, their own carrier’s PIP will assume responsibility for a portion of the medical bills, lost wages and even mileage to and from the doctor’s office. This PIP protection is available even if a driver is clearly and totally at fault for the accident.
Typically, PIP covers 80% of all medical bills up to a total cap of $10,000. Included in the $10,000 cap is payment for any lost wages due to injuries from the accident. PIP will typically pay 60% of those lost wages. The balance of the medical bills and lost wages are considered to be “out-of-pocket” expenses and can form the basis for a lawsuit against the driver who caused the accident and the at-fault insurance company.
There are several ways that a person can qualify for PIP benefits even if they are not listed on a policy. Blood relatives who reside together can often qualify under the policy of someone in the household who carries PIP Insurance. This is true even if the insured party was not involved in the accident. This is commonly referred to as the Resident Relative rule. Furthermore, a spouse is always considered to be included for PIP benefits unless specifically omitted from the policy. Pedestrians and bike riders who are struck by an automobile may be able to qualify under the at-fault party’s insurance for PIP benefits. If they do qualify in that instance, they are not barred from pursing the at-fault insurance for the balance of the medical bills.
The bottom line is that the No-Fault laws are not as black and white as they seem. Often times, it requires an experienced attorney to delve into complex legal documents to explore ways to qualify injured parties for PIP or to ensure that PIP benefits are being properly paid. At the Law Offices of Attorney Dan Newlin, the attorneys are experienced in the realm of insurance law, specifically No-Fault and PIP. At no additional cost to the case, Mr. Newlin and his team will examine the insurance policy it is entirety to ensure that injured parties are maximizing the full extent of their benefits.
Dan Newlin can be reached at www.NewlinLaw.com