Understanding Florida PIP Law 

Before registering a motor vehicle in Florida, you must carry Personal Injury Protection (PIP) insurance and other mandated coverage. Like several other states, Florida operates on a no-fault basis. Injured motorists must seek first-party coverage from their own insurance company after a crash, regardless of who is to blame. However, PIP is often insufficient to cover serious collisions. In these cases, accident victims may be able to file personal injury claims or lawsuits against at-fault parties to recover full compensation.

If you or someone close to you suffered injuries in a Florida car crash, you may need help figuring out your next steps. Consulting with an experienced car accident attorney from Chiumento Law, PLLC, can help you understand recent changes to PIP law and your legal options when pursuing compensation. Contact us today for a free consultation.

What Is PIP Insurance in Florida?

Personal Injury Protection (PIP) insurance is essential to Florida’s no-fault insurance system. Florida lawmakers passed the state’s first PIP law in 1971, intending to streamline the process of getting compensation for automobile accident injuries and limit the need for litigation against at-fault drivers.

Under the no-fault system, drivers must carry PIP insurance, which ensures they can receive financial support for medical care, lost wages, and other necessary expenses in the immediate aftermath of an accident, regardless of who was responsible for causing it. Here is a closer look at the advantages and limitations of PIP law in Florida:

The Advantages of PIP Insurance 

• Immediate coverage– One of the most significant benefits of PIP insurance is providing immediate financial support for medical expenses following a motor vehicle accident. This quick coverage can be crucial for timely medical intervention, potentially speeding up recovery.
• Broad coverage– PIP extends beyond the policyholder to cover passengers without their own PIP insurance, certain household members, the policyholder, pedestrians, and certain other parties. This broad coverage ensures more people can access essential support after a crash.
• Reduction in litigation– By covering expenses regardless of fault, PIP insurance can reduce the number of car accident lawsuits in Florida courts. This can lead to quicker settlements and less time spent in legal proceedings.

The Limitations of PIP Insurance

• Coverage caps– PIP’s financial assistance is subject to tight limits, which may not fully cover all medical expenses or lost income, especially in cases of serious injury that necessitate long-term treatment or rehabilitation.
• No property damage coverage – PIP insurance focuses on personal injury. It does not cover property damage, which can be a significant limitation in car accidents involving expensive vehicle repairs or replacement.
• Potential for fraud– The system’s structure, emphasizing speedy payouts, has historically been susceptible to fraudulent claims, leading to increased premiums for all policyholders.

Benefits of PIP Laws in Florida

The PIP statute in Florida has several key benefits that help car accident victims after a crash.

• Timely medical benefits– Personal Injury Protection (PIP) pays 80 percent of necessary medical expenses up to $10,000 for a covered injury, helping accident victims promptly access necessary medical treatments. This feature of PIP is crucial as it facilitates the quick disbursement of funds, bypassing the often lengthy and complicated processes associated with traditional health insurance claims. By providing immediate financial coverage for medical expenses, PIP helps mitigate the impact of injuries by ensuring timely medical treatment, where swift medical care can prevent long-term health issues.
• Extensive coverage– PIP extends its benefits to passengers, certain non-resident relatives, and even non-owners operating the insured vehicle at the time of the accident. This inclusive approach ensures that more people have access to essential medical care and financial support after an accident, regardless of their direct relationship with the policy.
• Income assistance– Motor vehicle accidents can significantly disrupt an individual’s ability to work, especially in cases of severe injuries. PIP addresses this issue by offering income assistance to those temporarily unable to perform their job duties due to accident-related injuries. PIP benefits cover 60 percent of lost income so that individuals can focus on their recovery without the added stress of financial insecurity.
• Death benefits– In the tragic event of a fatality following an auto accident, PIP provides essential financial support to families through death benefits. This provision includes $5,000 of coverage for funeral expenses and related costs, offering financial relief during a painful time. Death benefits act as a crucial support system, helping families manage the immediate financial implications of their loss.

What Medical Costs Are Covered Through PIP?

PIP insurance in Florida covers 80 percent of necessary medical expenses up to $10,000, which may include:

• Emergency medical services– PIP covers the cost of urgent and emergency medical treatment right after a car crash, including ambulance transportation.
• Continuing medical treatment– Necessary follow-up care, including surgeries, rehabilitation, and medication, also falls under PIP’s coverage umbrella.
• Supplementary services – Physical and mental injuries can linger long after a collision. PIP may pay for supplemental services, including dental, psychiatric, and rehabilitative care.

Who’s Covered Under Florida PIP Insurance?

Florida’s PIP insurance covers the following people:

• Policyholders– Policyholders receive coverage under their Personal Injury Protection (PIP) insurance in all accident scenarios. This means that the individual who holds the PIP policy benefits from protection, regardless of fault, to cover medical expenses and other approved costs arising from the incident.
• Passengers– Individuals riding in the insured vehicle who do not have their own PIP insurance fall under the coverage of the driver’s plan in the event of an accident. This ensures passengers receive coverage for injuries sustained while in the insured vehicle.
• Household members– Relatives who live with the policyholder also receive coverage through the PIP policy. This protection extends to injuries they might sustain not just while in a vehicle but also as pedestrians or when traveling in cars other than the one the policy insures.

Is PIP Insurance Required in Florida?

Proof of Personal Injury Protection (PIP) insurance is mandatory when registering a vehicle with at least four wheels in Florida. Without PIP coverage, you may be personally responsible for covering the cost of medical treatment for yourself and others.

Do I Have a Time Limit to File a PIP claim?

There are time limits for filing PIP claims if you want your medical treatment and other expenses covered by your policy. Early action helps quick claim handling and the recovery of entitled benefits.

Here are the essential deadlines under Florida PIP law:

• Initial medical treatment– To be eligible for PIP coverage, you must seek medical treatment within 14 days of the crash.
• Filing your claim– The timeframe for formally filing your PIP claim varies by policy but is usually immediately (as soon as possible, given your health) or within 30 days of the crash.
• Taking legal action– If you have severe injuries and damages that exhaust your PIP coverage, you could pursue compensation from the driver who caused the accident. Under Florida’s statute of limitations, you must file a legal action two years from the accident date. If you miss this deadline, you generally cannot seek additional money for medical expenses, pain and suffering, and other losses.

Florida Regulations Concerning Personal Injury Protection Insurance

Florida’s PIP regulations are found in Fla. Stat. §627.736 of the state’s statutes. Here is a general overview of insurance protection under Florida PIP law:

• Medical benefits limit– PIP covers up to 80 percent of necessary medical expenses, subject to a $10,000 limit for emergency medical conditions.
• Lost wages– PIP pays 60 percent of lost wages, subject to the $10,000 limit.
• Death benefit– PIP pays a standard $5,000 death benefit for funeral and related expenses.
• Exclusions and limitations– Certain circumstances, such as driving under the influence, may invalidate PIP coverage, aligning with the state’s commitment to responsible driving.
• Property damage– PIP does not cover property damage. You will need additional coverage for property damage from an accident or incident, such as a tree falling on your car.

New Requirements for Florida Drivers

There have been legislative attempts to eliminate the no-fault system in Florida in recent years. While these moves have been unsuccessful so far, Gov. Ron DeSantis signed HB 837 into law in 2023, changing several of the state’s personal injury laws to file negligence claims against at-fault drivers.

These changes included:

• Reduction of the statute of limitations for negligence claims – Victims previously had four years to file suit. Now, you have just two years to file a car accident claim.
• Changes to fault laws – Florida is still a no-fault state for auto insurance. However, fault does matter if you need to file a third-party injury claim. Before HB 837, accident victims in Florida could recover compensation no matter how much at fault they were for a crash. Now, you can only recover compensation if you are less than 51 percent responsible for a wreck.
• Changes in the admissibility of evidence for medical damages at trial – This rule change can affect the recovery of money for past and future medical bills and damages.
• Letter of Protection disclosure – This requires medical providers and patients to show proof of an agreement waiving payment of a medical bill until a legal settlement is reached.

Contact a Florida Car Accident Attorney to Learn More

If you’ve been hurt in a car accident and want to understand your legal rights under auto insurance laws, contact Chiumento Law, PLLC. We are a full-service law firm founded in 1973 with 11 skilled attorneys in two convenient offices. Call (386) 445-8900 for a free consultation.