Insurance Requirements Under Florida’s Personal-Injury Protection Law
The state of Florida has a personal-injury protection (PIP) law, which requires that motorists maintain insurance for protection against personal injuries that occur during car accidents. Florida statute 627.7407 sets forth the requirements for drivers regarding insurance policies. Each driver of a vehicle registered in Florida must purchase an insurance policy that pays medical expenses for personal injuries arising from a car accident, regardless of who is at fault. This policy must cover accidents involving injuries to the policyholder, his or her passengers, and any relatives living in the policyholder’s household. If a driver does not maintain this type of coverage, the State of Florida can suspend the driver’s vehicle registration and driver’s license.
Certain types of benefits are required under PIP policies. These benefits include PIP insurance up to $10,000 in medical and disability benefits, as well as $5,000 in death benefits resulting from injury, disease, sickness or death that are caused by the use, ownership, or maintenance of a vehicle as follows:
- Medical benefits. The policy must insure 80 percent of all reasonable expenses for medically necessary services, including medical, surgical, dental, X-ray, and rehabilitative services. This treatment must occur within 14 days after the car accident.
- Disability benefits. The policy must insure 60 percent of loss of earning capacity and loss of gross income arising from inability to work that was caused by the injury sustained in the accident. The policy must also cover all reasonable expenses arising from obtaining services that the injured would have performed himself or herself had the accident not occurred. The disability benefits must be paid every two weeks at the minimum.
- Death benefits. The policy must pay benefits of $5,000 per deceased individual. These benefits are paid on top of the medical and disability benefits paid under the PIP.
Exclusions to the requirements of the PIP include the following:
- Injuries sustained by the insured and relatives living in the same household while traveling in another automobile owned by the named insured but not insured under the policy.
- Any injury sustained by any person operating the vehicle otherwise covered by the insurance policy without the consent of the policyholder.
- Any injury caused to the insured by himself or herself intentionally.
- Any injury incurred while committing a felony.
Enlist in the Help of a Professional
Negotiating with insurance companies can be difficult. Making a claim on your policy can involve a lot of time and effort, which can be a frustrating process. Policies can be confusing and involve lots of back and forth communication with your insurance company. If you are unsure about the specifics of your insurance policy, or if you are concerned about a claim being made against your insurance policy, the advice of a seasoned team of insurance lawyers is invaluable. Every situation is unique, and each policy may require critical analysis from an expert in the law. In the case of a claim you may need to make or a claim made against your policy, time is of the essence. The Miami lawyers at Pita, Weber & Del Prado are available to advise you of your rights. Call 305-670-2889 today for a free consultation.