Todd J. Herman, P.A.

Personal Injury
Protection (PIP)

Personal injury protection is the portion of your policy that pays for your injuries, regardless of whether you caused the accident.

Understanding the Law

It is important to have an attorney who fully understands Florida’s personal injury protection law. Reason being, your first $10,000.00 of medical bills should go through your source of pip insurance coverage regardless of whether or not you have health insurance and regardless of who is at fault. Medical providers whose bills have been denied or underpaid by insurance companies.

What is Personal Injury Protection (PIP) in Auto Insurance?

Before you can understand personal injury protection, you need to know the difference between tort and no-fault recovery. In states that follow a tort-based system, the person who causes a motor vehicle accident is primarily responsible for paying for your injury-related expenses and vehicle repair costs. Conversely, in no-fault states (Florida), each person’s insurance coverage is primary, particularly when it comes to paying for medical and hospital expenses. This means that your policy will pay for your injuries first and the at-fault driver’s liability coverage will kick in after your limits have been exhausted.

In Florida, your PIP coverage applies to emergency transport, hospital, and medical costs you incur because of an automobile accident.
In a tort-based system, insurance adjusters must determine who caused an accident before approving payment for bodily injury claims. To make matters worse, some tort states use comparative negligence systems to determine partial fault. If an adjuster believes that you are partially at fault for an accident, the insurance company might delay payment of your claim until specialists conduct additional investigation. In some cases, this even involves depositions and court trials.
Because investigation and legal proceedings delay payment of claims, it could take months for you to receive the money you need to seek medical attention. This means that you might spend months in pain and unable to work while the at-fault driver’s insurance company drags out the claims process. Lack of access to medical treatment could even cause your injuries to become more severe.

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