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What Does PIP Insurance Mean For My Lawsuit?

What Does PIP Insurance Mean For My Lawsuit? Florida drivers who have been in an auto accident due to another driver’s negligence have the benefit of PIP insurance to cover their accident damages, but this also means that drivers must rely on their insurance to cover their injuries, rather than the negligent driver. In some instance, however, injuries are more severe than what can be covered by PIP insurance in Florida, and this is why the state allows drivers to pursue a lawsuit in cases of severe or permanent injury. What does PIP insurance mean for your lawsuit? It pays to look at just what PIP covers first.

What Does PIP Insurance Cover?

PIP insurance, or personal injury protection insurance, covers each driver with their own insurance policy so that they may not need to go to court to determine negligence, lawsuits, or settlements. If you are in an accident, whether you’re at fault or not, your medical costs, lost wages, and damages are to be paid by your own insurance policy, and the other driver’s insurance will cover theirs as well. PIP insurance only covers so much, however, and if you’ve been in a serious accident you may need more than what your own insurance policy has to offer.

It’s also important to note that Florida PIP insurance covers your losses, but not all of them. While medical services, ambulance rides, lost wages, and rehab costs are covered by PIP, it covers around 80%, not 100%. This means that if your damages total around $10,000, your PIP insurance will cover $8,000 in the case of an emergency, and you or your medical insurance provider will cover the other $2,000.

If your accident injury is considered to be not an emergency, your PIP insurance policy may only cover up to $2,500, and you will be responsible for the rest of the cost.

PIP Insurance In An Emergency

If your auto-accident causes serious or permanent injury beyond what your PIP policy can cover, this is when you may be able to pursue a lawsuit against a negligent driver. Florida uses mandated PIP insurance to avoid the need for lawsuits between drivers to determine negligence and settlements but has made exceptions in more extreme cases. Serious accidents causing severe or permanent injury to you or a loved one can cost far more than what PIP insurance covers, and you have a right to seek a settlement from the negligent driver who caused the accident in the first place.

What is considered to be “severe” or “permanent” in injury varies from person to person, but a good rule of thumb to follow is the cost of your medical expenses. Your PIP insurance will cover up to $10,000 in medical costs, so if your medical costs exceed $10,000, even if you may not believe your injury was severe, you can still pursue a lawsuit to cover the rest of the damages you’ve incurred due to the accident.

If you plan to pursue a lawsuit after an accident, be sure to have the evidence you need to prove in court that the other driver’s negligence caused your accident and that you’re suffering your injuries at their expense. Having a personal injury lawyer to help you through the process of the lawsuit, and represent you in court, is a great way to ensure you’ll be able to get the compensation you deserve. If you’ve been in an accident with medical costs exceeding $10,000, contact us at today and see what we can do for you, your recovery, and your accident settlement.

Attorney Stephen Fernandez

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