Wednesday, July 29, 2020

What is PIP or "No-Fault" Insurance and Who Does it Benefit?

By John S. Mordecai

PIP or personal injury protection insurance is essentially $10,000.00 in medical insurance for car and truck crash injuries; it also available to pay some wage loss. Hospitals and doctors should bill your PIP insurance company directly. Thus, it is necessary that you provide your automobile insurance card, and you claim number if available, to every hospital and doctor that treats you so that the cost of your visit can be billed.

PIP is referred to as “No Fault” insurance because it pays for both medical treatment and wage loss – no matter who was “at fault” for causing the crash. This means that you do not have to prove who was, or was not, at fault for the crash. So, even if you cause a crash, your PIP insurance company still has to pay your medical expenses; for example, if you are injured after intentionally leaving the roadway to avoid hitting a pedestrian. Similarly, if a negligent driver hits your car, Florida law nonetheless requires that your own PIP insurance pay for the first $10,000.00 in covered expenses – even if you did nothing wrong. Good News: The fact that your insurance company has paid your medical expenses will not result in an increase of your insurance premium – as long as you are not at fault for the crash.

Who Does PIP Cover? PIP not only covers the owner of the car or truck - the person named as the “insured” on your policy; also, it generally covers each vehicle occupant who is a “family member” as well as any other occupants, like a friend or neighbor, as long as they do not own a motor vehicle that is "operational" under Florida law. If you do own an operational motor vehicle, Florida law requires that you insure yourself against car crash injuries; failure to insure your operational vehicle will result in your having no coverage to pay for treatment of your injuries.

Is There a Time Limit to Seek Medical Care and Have It Paid For?

Yes, the Time Limit to Seek Medical Care! - 14 Days from the Day of the Crash!
Emergency Medical Condition: The full amount of your PIP benefits will be paid only if your “Emergency Medical Condition” is medically documented within two weeks of the crash; that's why it's essential that you receive your initial medical treatment for your injuries within the 14 day time limit. If your emergency medical condition is not timely documented, you will not be able to receive more than $2,500 in benefits.

There Are Monetary Limits on No-Fault Insurance: PIP insurance pays benefits, after any applicable deductibles, in the amount of:

  • 80% of medical bills, including out-of-pocket prescription costs, dental expenses, and rehabilitative services;
  • 50% of lost wages;
  • $5,000 worth of death benefits, which are in addition to the medical benefits provided under the policy; and,
  • Mileage reimbursement to and from your doctor.

Health Insurance and Coordination of Benefits: If you have health insurance, your auto insurance and health insurance companies will coordinate the benefits each will pay. Your PIP insurance coverage is primary – which means it is the first to pay its 80% of reasonable or allowable charges. The remaining 20% of reasonable or allowable charges will then be paid by the health insurance company.

PIP Reimbursement for Lost Wages: To receive compensation for lost wages, we will submit a Wage and Salary Verification to your PIP insurance company. The Wage and Salary Verification is a form which your employer completes to document and verify your gross wages for the 13 weeks preceding the accident.

Expenses Not Paid by Insurance: Any of your expenses that remain unpaid after payment of your PIP and health insurance benefits will become part of your claim against the driver who caused the crash – along with your claim for pain and suffering. Then, once your case is concluded, we will negotiate with your doctors to accept less than what is owed.

What Do You Need to Do to Help With Your Case? Preserve your evidence. Take photos of your visible injuries - both initially and throughout the healing process - whether they show bruising, scrapes or stitches. You should retain receipts for all of your out-of-pocket expenses; they are evidence that we will need for you case. Examples of out of pocket expenses are health insurance deductibles paid to your doctor, payments made for prescriptions, the costs for over the counter medications and supplies such as bandages, braces, ointments and assistive devices.

Why Is It Important to Consult an Attorney as Soon as Possible after a Crash? So you can be advised of what to do and what not to do after your rights are explained. It is important that your communications with your or any insurance company be kept to a minimum: It is important that you not provide information to any insurance company to which it is not entitled. Any communication from you to your PIP insurance concerning how the crash happened or the nature of your injuries could be taken out of context and later be used by the negligent driver’s  insurance company to undermine your claim for injuries. Never give your PIP or any insurance company any type of statement before consulting a lawyer; I will be present with you if ever it becomes necessary for you provide a statement.
That’s why, once you retain us, we will handle all communications with both your PIP and all other insurance companies to protect your rights. We will take that worry off your shoulders.

You should report the crash to your PIP insurance company for the sole purpose of acquiring a claim number to give to your doctors. You will need to let them know when and where the crash happened, the name of the negligent driver and whether you were hurt but nothing more before getting legal advice. 

John Mordecai is a Jacksonville, Florida personal injury attorney who has successfully handled cases for thousands of people from all over Florida with recovery amounts for individual clients of over $5,000,000.00.  To learn more, go to http://mordecailaw.com or call 904-355-3109


2 comments:

  1. I didn't know that PIP does so much more than just pay collision coverage? Cool.

    ReplyDelete
  2. Being in a car accident is bad enough. Winding up in a hospital bed afterward is even worse. Especially if you don't know how you're going to pay the bill.

    ReplyDelete

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