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A History Of PIP Insurance In Florida And What The Future Has In Store

A History Of PIP Insurance In Florida And What The Future Has In StorePIP insurance was officially implemented in the state of Florida during the year 1971, and the intent behind the implementation was to give drivers a way to speed up the process of getting and paying for the medical treatments they need after an accident. PIP is a no-fault type of insurance, and it saves drivers from having to go through a court process, regardless of negligence, before they may be able to receive benefits from their insurance policy to cover their injuries. Your PIP insurance covers the policy holder whether the policy holder was responsible for the accident or not, and it does limit the ability drivers may have to pursue a lawsuit should they find themselves in an accident due to another party’s negligence.

In recent years, Florida legislators have been working on repealing and replacing PIP, with a vote in May of 2017 to determine if PIP was here to stay, or if it would be replaced with a mandatory bodily injury policy or something similar. The vote in May resulted in the Florida Senate not voting on the House bill just yet, which means that Florida PIP is staying put as it is for the year 2018.

What Are PIP Laws?

PIP is an acronym standing for Personal Injury Protection, and in Florida, it means that drivers are legally required to have a policy of at least $10,000 for personal injury protection. These policy benefits are paid out to the holder of the policy if they’re in an accident and may be used to cover the resulting damages and medical bills. If a person was not the cause of the accident, their insurance policy still pays for their benefits, and if a person is deemed negligent, their policy still pays.

PIP insurance policies will typically cover around 80% of your medical costs and 60% of your lost wages up to your policy limit, and with 50% of Florida drivers only keeping a mandatory $10,000 policy, this can amount to a number of losses not recouped. For drivers who have been in an accident due to another driver’s negligence, this is a particularly frustrating situation, as they will need to try to recover those losses not covered by their PIP insurance from the negligent driver.

When Can I Pursue A Lawsuit?

If a driver’s negligence caused your serious injuries or resulted in a wrongful death, you can pursue a negligence claim if you wish. The statute of limitations in Florida varies depending on what type of injuries the accident and negligence resulted in, with 4 years to be able to pursue a lawsuit for serious injuries and just 2 years to pursue a lawsuit in cases of wrongful death. Serious injuries include permanent injuries, significant scarring and disfigurement, or permanent loss of body function, each resulting in a permanent change in the quality of life. In wrongful death cases, the 2 year statute of limitations begins not when the accident has occurred, but from when the victim has passed away due to their injuries. If a person is in a serious accident, survives for a time, but eventually succumbs to injuries from the accident a year later, their loved ones will then have 2 years from that time to file a wrongful death lawsuit against the negligent party.

PIP insurance is here to stay in Florida for the time being, so it is important for drivers to remain informed of what PIP insurance laws mean in accident cases. To learn more about PIP insurance, or if you’ve been in an automobile accident in Florida, contact us at today.

Attorney M David Shapiro

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