When Does PIP Insurance Allow You to File a Lawsuit?


Florida law sets very strict requirements for auto insurance, including the requirement that all motorists carry a coverage called personal injury protection (PIP).

This coverage is for paying for your medical bills, income replacement, and other specified damages if you are in a car accident – ​​no matter who was at fault for the accident.

The purpose of this type of coverage is to reduce the number of lawsuits filed in Florida courts after car accidents and ensure that whether or not you have self-coverage, the other driver has the necessary insurance.

There are some benefits to PIP insurance and it can make it easier to obtain compensation for your medical costs.

In many cases, many auto accident victims receive denials of claims or settlement offers that provide full coverage for the damages they suffered in their auto accidents.

There are very few of the kind. In such cases, victims may have the right to file a lawsuit against the at-fault party to obtain the full amount needed to cover all their losses.

In order to decide the right course of action for you, you should always discuss your specific situation with an experienced auto accident attorney who understands PIP laws.

When You Can File a Lawsuit

PIP coverage provides compensation for approved medical treatments, some of the wages you lost from missing work while you recovered, home services you needed because of your injuries, and possibly others. contingency costs.

In some situations, this may be enough to cover your losses. For example, if you broke your hand in an accident, you might have gone to the emergency room, but if it heals easily, it will need a little more treatment.

You may have missed a few days of work and needed pain medication for a few days, and in total, your damages could be up to about $2,000. In such cases, your PIP insurance should reimburse you for losses that are not an issue.

In other situations, however, car accident victims suffer serious and perhaps even devastating injuries that completely change their lives. They may require hospitalization for extended periods and may require surgery and ongoing treatment for months or years.

Their medical bills alone can run into the hundreds of thousands. In addition, they may miss months of work and some victims may lose the ability to earn a living anytime in the future, which could deprive them of hundreds of thousands of dollars. Finally, victims may suffer non-economic damages including:

  • pain and suffering

  • emotional pain and distress

  • loss of enjoyment of life

  • permanent impairment and disability

PIP insurance has limits, which are often relatively low at $2,500 to $10,000 for many policies.

There are Additionally, PIP policies do not cover intangible or foreseeable damages such as pain and suffering or lost future earning potential. If your loss exceeds the limits of your policy or involves non-economic loss, you will need to look outside your policy for full and fair compensation.

Florida law allows you to file a lawsuit instead of filing a PIP claim if you have suffered particularly severe injuries that have resulted in a life-altering or permanent disability.

If you were not at fault for your accident and have suffered extensive damages, you should always discuss the possibility of a personal injury lawsuit with an experienced attorney.

Contact a Clearwater PIP attorney as soon as possible to discuss your options

Dolman Law Group Accident Injury Lawyer, PAHow Complex Personal Injury Protection Insurance Laws and Policies If your insurance is refusing to cover your damages or if you have serious If injuries have occurred, you should always discuss your lawsuit options and legal rights with an experienced Clearwater attorney who fully understands Florida law.

Furthermore, if you are unsure of the exact value of your loss (which is common), you should not accept any insurance offer without first reviewing it with one of our attorneys to make sure.

Once you have accepted any settlement offer, you will not have the right to file a legal claim, no matter how serious your injuries and damages may be. Please call 727-451-6900 for a free consultation today or use the online form to contact our office today

Dolman Law Group Accident Injury Lawyers, PA

800 North Belcher Road

Clearwater, FL 33765


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