Florida PIP Claims Lawyer
Personal Injury Protection Claims in Melbourne
Florida is one of a handful of states to follow a no-fault auto accident system. What this means is that all motorists in the state are required to carry minimum amounts of personal injury protection, or PIP, coverage. After a car accident, injured victims can turn to their own insurance providers and recover compensation for specific damages by filing a PIP claim.
Filing a PIP claim after an accident is not always an easy, straightforward process. You must follow strict deadlines and adhere to certain state rules to avoid having your claim denied, and even when you follow the proper procedures, you might find that the insurance company disputes your claim. If you are encountering any issues with your PIP claim, we encourage you to reach out to our Florida personal injury protection claims attorneys at Nance Cacciatore right away.
Since 1963, our firm has been representing clients in all types of insurance disputes and related matters. Our attorneys are board-certified by the Florida State Bar, meaning they have the in-depth legal knowledge, skills, and expertise to effectively advocate for you. We offer free initial consultations and do not collect any attorney fees unless/until we recover compensation for you.
What Does PIP Insurance Cover?
If you drive a car or motor vehicle in Florida, you are required to carry at least $10,000 in personal injury protection (PIP). While you may choose to add additional coverage, you cannot have less than $10,000 in PIP coverage.
After an accident, you can turn to this coverage to receive payments for specific losses, regardless of who was at fault for the accident. Unlike in other states that follow tort or fault-based systems, you do not need to prove that the other driver (or another party) was at fault for the accident to file a PIP claim in Florida.
However, PIP insurance does not cover everything. In Florida, PIP covers the following damages:
- Up to 80% of your medical expenses for injuries that are considered emergencies
- Up to $2,500 in medical expenses for non-emergency injuries
- Up to 60% of your lost wages/income with a $10,000 limit
- Up to $5,000 in funeral/burial costs in the event of a fatal accident
PIP does not cover any non-economic damages, such as pain and suffering. It may be possible to recover compensation for pain, suffering, and other intangible losses after an accident by going outside the no-fault system. To do this, you will generally have to prove that your injuries meet the state’s “serious injury” threshold and that the other party was at least partly responsible for the accident.
To learn more about going outside Florida’s no-fault system and seeking compensation for damages not covered by PIP insurance, contact our PIP claims attorneys at Nance Cacciatore for a free consultation.
What Is the 14-Day Rule?
You may have heard about Florida’s 14-day rule, which requires anyone who was injured in a motor vehicle accident to seek medical attention within 14 days of the crash. If you fail to seek professional medical treatment within 14 days of the accident, you cannot file a PIP claim. It is absolutely critical that you see a doctor or another qualified health care provider after an accident, not only to ensure that you receive the treatment you need to heal but also to protect your right to recover benefits through your auto insurance policy.
The state of Florida considers the following entities to be “qualified health care providers:”
- Primary care physicians
- Emergency rooms
- Urgent care centers
- Hospital-run outpatient facilities
You can receive medical attention from any of these qualified health care providers within 14 days of the accident and remain eligible to file a PIP claim.
How to File a PIP Claim in Florida
If you are injured in a car accident or another type of motor vehicle collision in Florida, there are several important steps you must take when it comes to filing a PIP claim:
- Within 14 Days: Seek medical attention; failure to seek medical attention within two weeks of the accident will result in you forfeiting your right to file a PIP claim
- Receive an Assessment of Your Injuries: If you are diagnosed with an emergency medical condition (EMC), you are entitled to different benefits than if you are not diagnosed with an EMC
- File Your Claim: Once you have sought medical treatment, you can file your claim (typically online or by phone) with your insurance provider; you may need to file a “wage and salary” verification form (filled out by your employer) to seek lost wages/income benefits
- Within 30 Days: Receive a decision from the insurance company; by law, insurance companies have 30 days to accept or deny claims but may take an additional 30 days upon receipt of additional information relevant/necessary to completing the claim
Note that your insurance company has 30 days to pay your benefits if it accepts your claim. They must have the payment in the U.S. mail system within 30 days to remain in compliance with the law.
What to Do If the Insurance Company Denies Your PIP Claim
Unfortunately, many PIP claims are denied in Florida—some rightfully and some wrongfully. If you believe your claim was wrongfully denied, you have the right to request a review and/or file an appeal. It is important that you work with an experienced Florida PIP claims attorney, like those at Nance Cacciatore, who can help you navigate this process.
Our team can begin by determining why your initial PIP claim was denied. Common reasons for denial include (but are not limited to):
- Errors on claim forms
- Coverage disputes
- Lack of coverage
- Insufficient evidence
- Disputes regarding severity of injuries
- Failure to seek medical attention within 14 days
Our attorneys can determine whether your insurance company is acting in bad faith, whether by failing to investigate your claim in a timely manner, delaying payments, wrongfully disputing coverage, or refusing to pay out a valid claim. If we find that your insurance provider has unjustly denied your claim, we can help you take legal action.
Contact Our Team Today to Discuss the Details of Your Case
After a serious accident, you rely on your insurance company to uphold its end of the bargain. Unfortunately, many insurance companies refuse to pay valid claims, even when claimants have faithfully paid their insurance premiums year after year. At Nance Cacciatore, we believe that insurance companies that engage in unjust and unlawful practices should be held accountable.
Our team of board-certified attorneys has what it takes to effectively advocate for you. Our lawyers are considered experts in civil trial law and have an in-depth knowledge of Florida’s personal injury protection system, as well as the resources needed to properly investigate and build your case. We have been representing clients in and around Melbourne and Brevard County, FL for nearly 60 years, recovering millions of dollars in compensation on their behalf.
Find out how we can help you with your PIP claim today; call (321) 233-9885 to schedule an appointment for a free, confidential consultation.