PIP and No-Fault Insurance - Using PIP

MIAMI CAR ACCIDENT LAWYER ANSWERS FREQUENTLY ASKED QUESTIONS

"Should I use my PIP benefits after an accident?" This is one of the most frequently asked questions after a car accident and practically any sort of motor vehicle collision in Miami-Dade, Broward, and Orange County. According to Florida law, PIP (Personal Injury Protection) is mandatory for all registered vehicle owners and is meant to help cover medical expenses as a result of medical attention to treat injuries incurred in the accident. Florida motorists injured in a car accident must keep in mind that there is no down-side to using your PIP coverage after a car accident.

The Miami Car Accident and Personal Injury attorneys at the Perazzo Law Firm list the reasons why you should use your PIP coverage after an accident:

• You pay for it so you should use it.
• It will cover the first $10.000 dollars in medical expenses and losses.
• If you are not at fault the insurance provider cannot raise your premium.*
• Regardless of whether or not you are at fault, PIP will help cover the medical expenses of the injured parties. Keep in mind that PIP only covers $10,000 in medical costs.

PIP provides accident victims with the legal right to visit a doctor for treatment regardless of whether they have medical insurance. Also, PIP allows you to seek medical treatment no matter who was at fault for the accident and PIP pays up to $2,500 subject to a deductible and co-payment unless there's an emergency medical conditions that entitles $10,000 in injuries or lost wages. The Miami car accident lawyers at the Perazzo Law Firm, strongly recommends that those who can afford it, to supplement PIP with other insurance policies such as uninsured or underinsured motorist coverage. Following an accident in Miami or and Florida city or suburb, additional insurance coverage policies will help protect against medical costs for treating serious personal injury or even third-party wrongful death.

There is a dark cloud hovering over the use of PIP which may cause your insurance premium to rise. That may happen when:

• The registered motor vehicle owner has been in numerous car accidents in which he/she was found legally at fault.

PIP (NO-FAULT) INSURANCE BASICS 

Carrying Personal Injury Protection, commonly known as PIP Insurance, is mandatory if you own or operate a motor vehicle in the state of Florida. Thus, it is vital you understand PIP and how it covers you. It's absolutely vital that you have Personal Injury Protection (PIP) if you own or operate a motor vehicle in the state of Florida. You've likely heard of Personal Injury Protection, but you may be wondering if you need it. In this video we cover the basics of Personal Injury Protection; for example: it's main features, what it generally covers, and why it's so important for Florida motorists to have. Watch this video if you want information about PIP coverage.

In Miami, the Perazzo Law Firm informs Florida residents that PIP insurance, as well as PD, are mandatory for registered vehicle owners and operators. PIP is an extremely complicated vehicle accident insurance policy, especially following an accident or in light of a lawsuit that leads to an accident claim for compensation. Keep reading to find out more!

THE PIP BASICS

PIP insurance, or Personal Injury Protection, covers the medical expenses of the vehicle owner; any individuals listed on the policy, any relatives residing in the same households, and potentially any passenger in the vehicle should they not have their own coverage under the law. PIP was made mandatory because most accidents would cause under $10,000 in damages or injuries; thus PIP aims to solve the problem of: medical bills not getting paid; people suffering from reduced credit scores, and accident victims fearing lack of treatment. ACCIDENTS AND CLAIMS Since PIP is mandatory for all Florida motorists or registered vehicle owners, treatment at a medical facility will be covered by the insurance carrier, which must be notified of the accident so as to proceed accordingly. Following an accident, the injured party will visit his/her medical practitioner and sign an assignment of benefits, which grants the doctor the right to bill the insurance provider directly on their behalf. Also, individuals that have suffered personal injury as a result of the accident in Miami, may opt to file their own PIP claim.

TREATMENT COVERAGE

PIP provides accident victims with the legal right to visit a doctor for treatment regardless of whether or not they have medical insurance. Also, PIP allows you to seek medical treatment no matter who was at fault for the accident. PIP pays up to $2500 subject to a deductible and co-payment unless there is an emergency medical condition that entitles $10,000 in injuries or lost wages. It is advisable for those that can afford it, to supplement PIP with other insurance policies such as Uninsured or Underinsured Motorist coverage. Additional insurance coverage policies will help protect against medical costs for treating serious personal injury or even third-party wrongful death. One of our Miami Personal Litigation or Insurance Claims Lawyers can provide all the right answers to any questions concerning PIP Insurance in a motor vehicle accident in Miami.

Though PIP (Personal Injury Protection) and PD (Property Damage) insurance are mandatory in Florida, uninsured (UM) and under-insured motorist (UIM) coverage tend to fly under the radar when it comes to the value they add when an accident occurs; especially when accident victims suffer severe personal injuries, damages, lost wages or wrongful death. According to the Perazzo Law Firm's professional and experienced staff of car accident attorneys, uninsured motorist insurance (UM) is perhaps the most important insurance coverage a vehicle owner can carry. Why? Because the number of uninsured or under-insured motorists on Florida roadways and city avenues and streets is overwhelming. In fact, Florida ranks 5th nationwide when it comes to uninsured drivers. Another reason why UM is so highly recommended by the Perazzo Law Firm, is that UM is relatively cheap compared to the medical expenses that personal injuries may entail following an accident. Though PIP will cover your personal injuries for as much as $10,000, not all of it will go to cover your medical expenses (see PIP), which will undoubtedly surpass said amount for even a minor injury such as a broken nose. Furthermore, PIP fails to contemplate the victim's suffering, lost wages, or damages to the accident victim's vehicle.  Thus, the accident victim will need to pay out-of-pocket to cover the costs brought on for another motorist's negligence. To safeguard your finances in the event of an accident involving an under-insured or uninsured motorist, in Miami, the Perazzo Law Firm, highly recommends contacting your insurance provider and ask about UM. In most cases, insurance companies do not offer UM because it is relatively cheap and they will have to pay-out in the event of injuries and losses that the policy holder has to face. Furthermore, it's no secret that insurance companies are in the business of making money not spending it; hence, their reluctance to raise the policy holder's awareness to the overall importance of carrying UM. Though UM offers great value in the event of an accident with a motorists that only carries PIP and PD, it is of enormous value when the driver at fault has no insurance. Motorists that have no insurance usually have limited assets, thus, they would not be able to cover any of the accident victim or victims' losses. It is important to point out that purchasing UM is only possible when the vehicle owner carries Bodily Injury Coverage (BI), which covers the policy holder's assets if found at fault for an accident that leads to personal injury, losses, or wrongful death. Also, there are two types of UM available: Stacked and Unstacked.

UM BASICS

• The best coverage a motor vehicle owner can carry for the price as it can save he/she from financial doom in the event of serious bodily injury, lost wages or wrongful death in the event of an accident involving an uninsured or under-insured motorist.
• The motor vehicle owner must carry Bodily Injury Protection insurance in order to purchase UM or UIM (Under-Insured Motorist) coverage.
• UM covers the policy holder and all those listed on the policy in the event that the motorists at fault for the accident doesn’t have enough insurance coverage, is broke or bankrupt and cannot pay for the accident victim’s medical bills, lost wages, and everything attributable to the accident in which the UM coverage holder was not at fault.
• UM covers the policy holder and those listed on the policy in the event the motorist responsible for the accident flees the accident scene; for example in a hit & run accident.
• UM follows those individuals listed on the policy no matter whose car they are driving or if they are passengers in an accident.
• UM or UIM will not cover the policy holder or those listed on the policy if they are found at fault for the accident. BI will cover that.
• The policy holder of BI can purchase STACKED or UNSTACKED UM coverage for the amount of BI coverage purchased.

STACKED UM  

When an insurance policy holder requests UM from their insurance provider, they can opt for Stacked or Unstacked. Stacked UM coverage can be added on each of the vehicles the policy holder owns but will cover each vehicle individually and will cover the vehicle being operated at the time of an accident. It also covers the vehicle owner and those stipulated on the policy. Stacked UM elevates the coverage limit in the event of an accident and is recommended for those that own several private vehicles or a fleet of commercial vehicles. Furthermore, stacked UM covers the policy holder in the event of an accident in another person's vehicle, either as a driver or passenger. Stacked UM can also be combined to elevate the amount payable for injuries, damages, and/or losses sustained in an accident.

UNSTACKED UM 

Unstacked UM coverage is more often purchased when a policy holder wishes to add UM to one vehicle rather than two or more. Unstacked maxes-out at the limit you set and purchase as stipulated on the policy. Unstacked UM insurance is also less expensive than stacked UM coverage as it does not apply to vehicles not on the policy.

WHEN WILL STACKED UM COVER THE POLICY HOLDER AND THOSE LISTED ON THE POLICY

• When the policy holder or those listed on the policy is injured in their vehicle that is insured outside of Florida on a different policy. Unstacked will not pay the policy holder or those listed on the policy.
• When the policy holder or those listed on the policy is injured a classic vehicle that is insured on a different policy. Unstacked will not cover the policy holder or those stipulated on the policy.
• When the policy holder or those listed on the policy is injured in a vehicle the policy holder owns but which does not carry insurance. Unstacked UM will not cover the policy holder or those listed on the policy.
• When the policy holder or those listed on the policy is injured in another motorist's vehicle as a  passenger or driver if not at fault. Unstacked UM also covers the policy holder and/or those stipulated on the policy.
• When the policy holder or those listed on the policy is injured while riding on a motorcycle that is listed on the policy. Unstacked UM will also cover those on the policy.
• When the policy holder or those listed on the policy is injured on a uninsured motorcycle he/she owns. Unstacked UM will not cover the policy holder or those stipulated on the policy.

UM EXAMPLES

1. John has three cars. He has unstacked motorist on his Corvette, and no insurance on his Corolla, and PIP on SUV. He’s driving his SUV and gets into an accident in which he is found at fault. Will UM cover him? No, because he was at fault and UM doesn’t not cover motorists when at fault for accidents. His BI may cover the injuries for the other injured motorist and/or passengers. But since he only had basic insurance (PIP), there is no BI. John's insurance provider will only cover him for $10,000 of PIP and $10,000 of Property Damage (PB) for the damage to the other motorist’s vehicle.
2.  John is driving car his Corvette, which has UM coverage, and he gets into an accident for which he is found not at fault. In this case, he will have $10,000 of UM coverage because he was not at fault. If he had been at fault, then his BI, which is necessary for carrying UM coverage, will cover the other motorist’s injuries in the amount of $10,000 along with PD for $10,000 to cover the other vehicle’s damages. John’s PIP coverage would cover his medical costs and lost wages.
3. John's wife has two cars with $100,000 of stacked UM coverage on each car. One day, John gets into his broke friend Paul's car and gets into an accident for which Paul is at fault. Unfortunately, Paul has no insurance coverage and John suffers bodily injury. Since John cannot sue Paul because he has no assets or money, John will be covered for as much as $200,000 because John is listed on his wife's UM coverage policy.

To find out more about the inner workings of Uninsured or Under-Insured motor vehicle insurance and the benefits of carrying Stacked or Unstacked UM coverage, contact the Perazzo Law Firm ONLINE or CALL (786) LAWS-411 for a FREE initial consultation. In Miami, the Perazzo Law Firm strives to provide its motor vehicle accident and insurance claims clients with the best possible representation when presenting an insurance claim for compensation according to the types of insurance policies available to Florida motorists.

ZERO-OUT-OF-POCKET COSTS TO ITS PERSONAL INJURY CLIENTS IN MIAMI-DADE, BROWARD, AND ORANGE COUNTY

Florida Senators are full steam ahead with yet another proposal to get rid of the no-fault insurance system, otherwise known as PIP (Personal Injury Protection) for Florida motorists. If successful, this would radically change the way insurance providers, policy holders, and personal injury accident attorneys handle insurance claims for compensation following motor vehicle accidents.

The proposed bill (SB 54) aims to eliminate no-fault insurance and have it replaced by bodily injury coverage (see Insurance Policies for Florida Motorists). However, it must first must be passed by the Senate Judiciary Committee and face a probable lawsuit on behalf of personal injury attorneys that oppose the change.

At present, only Florida and one other U.S. state have yet to have no-fault insurance replaced by bodily injury protection, which aims to provide better coverage and lower the cost to insurance providers in the event of a motor vehicle accident that results in personal injury to drivers, passengers, and other third-party victims.

The debate among lawmakers, which is almost a decade old, centers around the PIP system and potential fraud allegations regularly associated with how it works (see PIP and PD insurance policies). At present, bodily injury insurance coverage can range from $25,000 - $100,000,000, depending on the policy purchased, and covers personal injury or wrongful death to accident victims and their families following an accident, something handled by a Miami personal injury accident lawyer. According to the proposed bill, registered motor vehicle owners would be obliged to carry bodily injury insurance in the amount of $25K to cover personal injury or wrongful death per accident victim and $50K for personal injury or wrongful death to more than one accident victim. Low-income registered vehicle owners and students would be required to carry bodily injury insurance policies to cover $15K for one personal injury or wrongful death accident victim and $30K for more two or more accident victims that suffer personal injury or wrongful death in a traffic related accident. Final approval depends on determining how this would impact lower income residents such as students, and what changes need to be made so that all Florida motorists can afford to carry bodily injury coverage. The move to eliminate no-fault insurance is expected to take a dramatic toll on millions of motorists throughout Florida, many of whom have trouble paying for the current costs of the mandatory PIP (no-fault) insurance coverage. Lawmakers claim that getting rid of the no-fault insurance system would save insurers a lot of money and lower the number of bad faith lawsuits filed by personal injury car accident attorneys, something that lawyers deny and will take to court. A decision on the future of no-fault insurance coverage is expected soon.

Should I get a lawyer for an accident that was my fault?

The Miami car accident lawyers at the Perazzo Law Firm strongly suggest that car accident victims talk to a personal injury lawyer following an accident that results in injury, damages, or losses to the car accident victim.

Why you should get a lawyer after an accident that involves injuries:

• Accident victims normally do not know how to file an accident claim and that's why they should seek legal advice from a professional car accident lawyer.
• Filing insurance claims to recover financial losses brought on from injuries due to an accident is something that car accident lawyers do on a regular basis. That's why, car accident victims should let professional car accident lawyers handle the complex workings of the insurance
• Car accident lawyers know how to obtain police reports, medical reports, and they know what clinics are recognized for quality medical care.
• Normally, regardless of fault, motorists carry car accident insurance to help cover the cost of treatment, damages, and losses. Though not all insurance policies are the same, every motorist in required by law to carry PIP insurance to help cover medical expenses.
• There are many negligent motorists and many of them cause accidents that lead to personal injuries to other motorists, passengers, cyclists, and pedestrians. When an accident happens due to negligence, the party at fault's insurance provider is liable for their insured's negligence.
• A car accident attorney that is dedicated to his client's needs will place his client's best interests first and fight for a settlement that truly reflects the extent of the injuries sustained and any future possible expenses or losses.

The Miami car accident lawyers at the Perazzo Law Firm in Miami-Dade, remind car accident victims that have suffered injuries in a motor vehicle accident to seek professional medical care as soon as possible and request an ambulance in the event of severe bodily harm. The car accident lawyer that represents the car accident victim should request all medical bills and fight to get those bills covered by the party at fault's insurance provider. The medical facility chosen is fundamental for proper diagnosis and to determine the extent of the injuries sustained in the accident, as well as providing a thorough medical evaluation and report. Common car accident injuries from minor collisions may include:

• Whiplash
• Cervicalgia
• Cervical spine injury
• Thoracic spine injury
• Lumbar spine injury
• Upper and lower extremity injury

When the above common car accident injuries occur, MRI studies and physical therapy will usually follow to treat the common pain and discomfort associated with common car accident injuries.

Contact the Miami car accident lawyers at the Perazzo Law Firm ONLINE for a FREE initial consultation TODAY if you, a friend, or loved-one was involved and injured in a motor vehicle accident.

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According to the Perazzo Law Firm founder, Jonathan Perazzo, UM (Uninsured Motorist Coverage) should be added to the insurance mix.

For more information on the different types of insurance policies available to Florida registered vehicle owners, click HERE.

THE PERAZZO LAW FIRM – DEDICATED TO PUTTING YOUR INTERESTS FIRST!

CALL (786) LAWS - 411 or Contact us ONLINE for a FREE initial Consultation

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