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How Do You Know You Have a Car Accident Case in Florida?

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Posted on September 6, 2022

When you’re involved in a car accident in Florida, how do you know if you have a valid personal injury case? Since Florida has a law that requires no-fault personal injury protection (PIP), this often works out a bit differently than people think. So, in this blog post you’ll learn what PIP is, how it impacts you and your claim, and what you can do to determine if you have a personal injury case.

Personal Injury Protection in Florida

Florida enacted their “no fault” law which was initially designed to make getting through the car accident claims process easier. In theory, if there’s no fault to prove and each person can get their own expenses paid from their own policy, it should be fast and easy.

It sounds good, but the legal minimum for PIP is $10,000. We don’t have to tell you the cost of medical expenses. By the way, you can only use up to 80% of that for “necessary medical care” from the accident. If you have a loved one who dies, they will pay you $5,000 in death benefits per covered individuals, their final medical expenses, and lost wages.

PIP also provides up to 60% of your lost wages and future earning potential.

How PIP Impacts You & Your Claim

In claims that are very minor, have few to no soft tissue injuries, and little to no damage, PIP can be a wonderful tool. This is especially true when no one involved was injured. You can use PIP to fix the damage to your vehicles, pay for your emergency checkup, and go on with your life.

For claims exceeding $10,000, keep in mind that PIP will only pay 80% (despite you needing to purchase $10,000 in medical and $10,000 in property). So, you would have an outstanding balance that you would need to plan for. So, it would be good to revisit the initial question of whether you have a valid personal injury claim.

For catastrophic claims, PIP claims alone simply aren’t enough. A person hospitalized because of a traumatic spinal cord injury can cost millions of dollars. That’s not including specialized equipment for the future. When the accident isn’t your fault, the hospital bills and all of the necessary equipment as well as money for pain and suffering should be provided.

Learning about Personal Injury Claims in Florida

Florida is such a unique state when it comes to personal injury claims such as car accidents. PIP is a factor because the State is considered a no-fault state. Yet, to have a valid personal injury claim, fault (or negligence) must be established. This takes the guidance of an experienced Tampa personal injury attorney who has a deep understanding of the no-fault law. Then, there’s also ensuring that the claim is filed on time with either the insurance company or the court. Get your free confidential case review today to learn about your claim.