Florida is a no-fault state. This means that no matter whose fault an accident is, if you are injured in a car or truck accident and incur medical bills, those bills will be paid by your insurance company. However, policy limits determine the total amount to be paid.
Under Florida car accident law, an insurance company is required to offer up to $10,000 of what is known generally as “personal injury protection” or “PIP” benefits. Such benefits will cover any reasonably necessary medical treatment, such as, emergency room treatment, diagnostics tests, surgery, physical therapy, etc.
Florida PIP Law
Under Florida Statutes section 627.736, insurance companies are required to offer PIP benefits to a named insured. Such benefits will also extend to the following:
- relatives residing in the same household,
- persons who drive the insured vehicle,
- passengers in the insured vehicle, and
- pedestrians who are struck by the insured vehicle.
In addition to medical treatment, PIP coverage also provides disability benefits. Florida’s PIP law, section 627.736(1)(b), provides that the car insurance company must provide:
Sixty percent of any loss of gross income and loss of earning capacity per individual from inability to work proximately caused by the injury sustained by the injured person, plus all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed without income for the benefit of his or her household. All disability benefits payable under this provision must be paid at least every 2 weeks.
It is important to note that under your car insurance policy, you may be required to notify your insurance company in writing within the time period specified in the policy. In addition, PIP application and forms are often required prior to the payment of PIP benefits.