Florida is a no-fault state regarding car accidents, which means that if you’re injured in a car accident, you’ll file your claim with your insurance provider – regardless of who caused the accident.
The coverage involved is called personal injury protection (PIP), and it is intended to help expedite the claims process and to keep unnecessary car accident cases from clogging court dockets. However, there are situations in which holding the at-fault motorist’s insurance provider responsible is in order.
If you have suffered an injury from another driver’s negligence, work closely with a dedicated Florida car accident attorney with a wide range of experience successfully handling cases involving personal injury protection benefits.
PIP Insurance in Florida
In Florida, motorists are required to carry PIP coverage. Personal injury protection requirements in Florida include having at least $10,000 in coverage per registered vehicle. PIP coverage must extend to all the following:
- The car owner
- Those who reside with the car owner
- Anyone else who may be injured in an accident involving the car, such as passengers or pedestrians
If you suffered an injury in a car accident, PIP coverage in Florida means that you can simply file your claim with your insurance provider, but it’s important to note that complications can – and often do – arise.
Your PIP Coverage
Filing your accident claim with your provider can simplify the process, but there are significant limitations of which you should be aware. If you’re injured by another driver’s negligence, you can experience substantial losses in each of the following categories:
- Property damage to your car and the contents therein
- Medical bills that show no sign of stopping
- Lost income that may involve losses related to your overall earning capacity
- Physical and emotional pain and suffering, which can include PTSD-like symptoms that make your recovery that much more challenging
When you file your claim against your PIP coverage, only up to 80% of your medical expenses and lost income are covered, which leaves you in a challenging position. If your losses exceed the maximum available PIP limits of $10,000, which can happen even in relatively minor car accidents, you can seek compensation through the at-fault driver’s insurance provider.
The Other Driver’s Negligence
Car accidents are often the result of another driver’s negligence, which can come in a wide range of dangerous forms that include all the following:
- Excess speed
If your losses were caused by another driver’s negligence, they qualify as legal damages, and if their total amount exceeds the limits of your PIP coverage, you can seek the compensation to which you are entitled through a car accident claim that you file with the at-fault motorist’s insurance provider.
Negotiating With The Insurance Company
If you have a car accident claim – even if you file it through your PIP policy – it is important to recognize that the insurance company handling it is fully invested in keeping its profits as high as possible. As such, it will do what it can to keep your settlement as low as possible.
Toward this end, the insurance company relies on tactics such as:
- Offering a lowball settlement early in the process that you may be tempted to accept
- Denying your valid claim in the hope that you’ll give up
- Making the already complicated and lengthy claims process more so
- Denying the extent of your losses
- Prematurely cutting off your PIP benefits
In the end, the law guides how much you are owed in compensation after a car accident, and a practiced car accident attorney has the legal skill and drive to help ensure that you receive a fair settlement – or court award – that covers your losses in their entirety.
How a Seasoned Car Accident Attorney Can Help
PIP insurance coverage and car accident claims are complicated legal matters that can be exceptionally difficult to navigate without the legal insight of a trusted car accident attorney, who can help in all the following primary ways:
- Gathering the evidence in your case and compiling it into a solid car accident claim
- Obtaining eyewitness testimony in corroboration of your position
- Hiring expert witnesses and creating accident models in defense of your case
- Skillfully communicating and negotiating with the involved insurance company or companies – if both your PIP coverage and the other driver’s policy are involved
- Helping you better understand your case, the legal path forward, and the best options for you in your unique situation
Without just compensation, recovering to the degree possible after being injured in a car accident may not be possible.
Reach Out to an Experienced Florida Car Accident Attorney Today
The respected Florida car accident attorneys at Eltringham Law Group are committed to skillfully advocating for your claim’s best possible resolution – in pursuit of your rightful compensation.
Our accomplished legal team is well-positioned to help. Please contact or call us at 561-944-6746 for more information about what we can do for you today.
Car Accident Case FAQs
Is an attorney really necessary?
Having an experienced car accident attorney in your corner can play a pivotal role in your ability to fully recover on the losses that you experience in a car accident.
Won’t my PIP insurance cover my losses?
Even if your PIP insurance covers your losses completely, it is limited by the amount of coverage you carry, which is generally relatively low. Further, it only compensates for 80 percent of medical expenses and lost income, which leaves you with the remaining portion – in addition to any property damage to your vehicle and pain and suffering you experience.
How much does it cost to hire a car accident attorney?
If you are concerned about the expense of hiring a car accident attorney, you’ll be glad to learn that most work on contingency, which means your attorney won’t get paid unless your case prevails.