Key Takeaways
- Florida law requires drivers to carry at least $10,000 in PIP coverage regardless of fault.
- PIP pays 80% of medical costs and 60% of lost wages, up to the policy limit.
- Treatment must begin within 14 days of the crash to qualify for PIP benefits.
- A driver can step outside no-fault and sue only after meeting Florida’s serious injury threshold.
Florida requires every registered vehicle to carry personal injury protection (PIP) coverage, so a driver’s own policy pays medical bills and lost wages after a car accident before fault is decided. That payment is capped, and the cap can run out quickly after a serious personal injury. Knowing how the system works helps a driver plan the next step.
What Is Florida No-Fault Insurance?
Florida operates under a no-fault system, meaning a driver’s own insurance pays for injury-related costs after a crash without first proving who caused it. Florida Statute 627.736 requires every registered vehicle owner to carry at least $10,000 in personal injury protection coverage, along with $10,000 in property damage liability coverage. PIP pays regardless of fault, which allows medical bills and wage losses to get paid faster than waiting for a liability dispute to be resolved. The tradeoff is that a driver’s right to sue the at-fault party is limited unless certain conditions are met.
What Does $10,000 in PIP Coverage Actually Cover?
PIP covers 80% of reasonable and necessary medical expenses and 60% of lost wages, up to the $10,000 policy limit. The policy also includes a $5,000 death benefit. Full access to the $10,000 limit depends on a doctor determining that the injury qualifies as an emergency medical condition. Without that determination, PIP coverage is capped at $2,500 in most cases. PIP benefits can apply to the following costs.
- Emergency room and hospital treatment
- Follow-up visits with a physician, chiropractor, or dentist
- Diagnostic imaging such as X-rays or MRIs
- Lost income during recovery
- Household services the injured person can no longer perform
What Is the 14-Day Rule for PIP Claims?
Florida law requires an injured driver to receive initial medical treatment within 14 days of the crash to remain eligible for PIP benefits. Treatment must come from a qualifying provider, such as a physician, hospital, ambulance service, or chiropractor. Missing the 14-day window can result in a full denial of PIP medical benefits, even if the injury later requires extensive treatment.
When Can You Step Outside No-Fault and Sue?
PIP does not cover pain and suffering, and it will not pay for a serious injury once the policy limit runs out. Florida Statute 627.737 allows an injured driver to sue an at-fault driver only when the injury meets a serious injury threshold. That threshold includes the following.
- Significant and permanent scarring or disfigurement
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent loss of an important bodily function
- Death
How a Car Accident Lawyer Helps After a Broward Crash
A car accident lawyer can confirm that the 14-day treatment window was met, track the emergency medical condition determination, and calculate what PIP has and has not covered. Once PIP benefits run out or a serious injury threshold is met, the lawyer can pursue the at-fault driver’s liability coverage for the remaining medical bills, lost wages, and pain and suffering. Gathering the crash report, medical records, and wage documentation early strengthens that claim.
Frequently Asked Questions
Does PIP cover a passenger who does not own a car?
Yes, a passenger without a vehicle registered in their own name is generally covered under the driver’s PIP policy.
What happens if PIP benefits run out before treatment is finished?
Remaining costs may be pursued through health insurance or a claim against the at-fault driver if the injury qualifies.
Can PIP cover a family member injured as a pedestrian?
Yes, coverage can extend to a policyholder or household member injured while walking or biking.
The Broward County Car Accident Lawyers at Barnett Fenton Injury Law, P.A. Can Handle Your PIP Claim
The Broward County car accident lawyers at Barnett Fenton Injury Law, P.A., review PIP claims, emergency medical condition determinations, and serious injury thresholds to determine what an injured driver can still recover after a crash. Our experienced legal team will fight to secure full compensation. Call us at 954-736-3070 or contact us online to schedule a free consultation. Located in Fort Lauderdale, we serve clients across Florida.