Personal Injury Protection, or PIP, is a type of auto insurance that is available in a few states, including Florida. In Florida, PIP coverage is needed. PIP is intended to cover any medical fees (along with burial costs, lost wages, and/or other losses) incurred as a result of an accident. Because there should be no legal blame in the case and the plaintiff’s insurance premiums should not be penalized in any manner, PIP is also referred to as “no-fault” coverage. However, if your PIP limitations are exceeded and someone is determined to be at blame for the accident, the excess costs may be covered by their liability insurance.
How Can a Personal Injury Attorney Assist You?
Following an accident, you can use your PIP coverage to obtain the funds you require as soon as possible. Many injured accident victims are surprised to learn that even obtaining PIP coverage is tough. The best personal injury lawyer in the state for your case can help you get all of the money and benefits you deserve from your insurance carrier. Once your PIP limits have been spent, your attorney can help you file the necessary claims against the “at fault” party. This could include conducting an in-depth study into your accident and negotiating with insurance providers on your behalf.
Do I Have Personal Injury Protection (PIP) Coverage If I’m Injured in a Car Accident?
There are a few things to look at initially if a patient has been in an accident and is unsure whether or not they are eligible for PIP coverage.
1) Was the patient’s injury treated within 14 days after the accident?
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They may be eligible for coverage if they received treatment within 14 days of the injury.
If treatment is not received within 14 days of the accident, PIP coverage does not apply, and the patient is ineligible to file a claim.
(Note: ‘Therapist’ is a broad term, but here are some activities you may have done that are considered legitimate therapy methods: You were contacted by a Primary Care Provider, Hospital, or Walk-In Clinic after the accident, you received roadside emergency services, you traveled in an EMS vehicle that provided medical attention, or you were examined/treated by someone qualified to provide emergency transportation and treatment.)
2) Is the patient the owner of an insured motor vehicle?
If they do, they are eligible for PIP coverage and should file a claim with their insurer. However, in other areas, some motor vehicles, most notably motorcycles, are not covered by PIP coverage.
If they don’t, they might be able to get coverage through a relative’s policy if they have to live with them.
3) Does the patient have blood or married family members who own a vehicle that is insured?
If they do, they are covered by PIP and should file a claim with the insurance carrier of their relative.
If they don’t, if they were a passenger in a car involved in the accident, they may still be covered by the driver’s policy and should file a claim with the driver’s insurance carrier.
In order to determine your eligibility, you must first decide what you are eligible for. By default, you are entitled to a minimum of $2,500.00 in coverage. An EMC, or Emergency Medical Condition, is a factor that affects coverage allowance. Simply put, this is an acquired emergency medical condition or a pre-existing ailment brought on by the trauma of the accident. While you must seek and receive treatment within 14 days of the accident to be qualified for the minimum $2,500.00 in coverage, there are no time constraints for reporting an EMC. Your PIP coverage may be extended to $10,000.00 if an EMC is diagnosed by an MD, DO, PA, ARNP, or Dentist. Some insurers, including as Allstate and Esurance, offer higher allowances and allow additional titles to produce acceptable EMC diagnosis, potentially increasing your chances of acquiring coverage for rare conditions.
What exactly is an EMC?
An EMC is a medical condition marked by severe acute symptoms, including great pain, in which the absence of prompt medical action is likely to result in one or more of the following:
significant risk to the patient’s health, impairment in physical function, or major dysfunction of any physiological part or section
EMC is an arbitrary criterion set by the Republican-leaning Florida legislature to fulfill the interests of the state’s auto insurance industry (the strongest lobbyists for the Republican party). EMC is not a term taught to doctors; it is merely an artificial mechanism devised to limit the number of claims filed each year and cap the vast majority of those claims at $2500.00 in medical benefits.
As a result, even when the symptoms meet the above-mentioned Florida Statute parameters, many doctors fail to clearly state that a patient has an EMC. Most doctors are unfamiliar with the term EMC unless they regularly treat vehicle accident victims. Even doctors who treat car accident victims on a regular basis are perplexed as to whether they must use the phrase “emergency medical condition” in their reports. In fact, the new PIP Act involves a significant amount of uncertainty in this regard.
If no EMC is found or diagnosed by one of the authorized specialists during the initial inspection, a problem may occur in the future, allowing you to get the remainder of the coverage amount.
This is critical because a future medical condition as a result of the accident may have been received in a delayed form, and you may be able to collect the entire $7,500.00.
You may have a solid case if you have been diagnosed with a clear-cut Emergency Medical Condition and have been treated for it or are currently being treated for it, but your insurance company refuses to provide you with full coverage. If you have tangible documentation that you have an EMC that was diagnosed by a qualified physician, insurance companies are compelled by law in the state of Florida to pay the organizations for medical expenses and lost income.
Wages lost (due to forced time off work), burial expenses, and other charges If money owed to these groups by the insurance company is withheld for any reason and you’re feeling lost, contact Dolman Law Group Accident Injury Lawyers, PA as soon as possible. We can provide you with the knowledge, recommendations, and legal clout you need to bring these insurance corporations to justice.
Personal injury protection (PIP) insurance is a type of car insurance that pays for medical expenses, lost earnings, and other losses caused by a car accident. There are a few procedures you can take if you’ve been injured in an automobile accident to obtain PIP insurance coverage.
First and foremost, contact your car insurance carrier as quickly as possible following the collision. Inform them about the accident and offer any pertinent information, such as the date and time of the accident, the location, and the names and contact information of any other drivers or witnesses.
Following that, get medical assistance for your injuries as soon as feasible. PIP insurance usually covers the costs of medical treatment, such as emergency room visits, doctor’s appointments, and physical rehabilitation. Keep all of your medical bills and records since you’ll need to show them to your insurance company to get reimbursed.
PIP insurance will cover lost pay in addition to medical expenditures if you are unable to work due to your injury. Keep track of any time you miss from work and give any paperwork from your employer, such as a letter certifying your absence, to your insurance company.
Finally, you may be entitled to recover damages for any expenses incurred as a result of your injuries, such as transportation to and from medical appointments and the cost of hiring someone to undertake household activities that you are unable to complete owing to your disabilities.
Overall, obtaining PIP insurance coverage following an injury event entails calling your insurance company, seeking medical attention, maintaining records of medical bills and missed income, and supplying the insurance company with any proof that supports your claim.
It’s important to note that the process of obtaining PIP insurance coverage can be complicated, and it’s a good idea to consult with a personal injury attorney if you have any questions or concerns regarding your claim.