A Guide to Filing a PIP Lawsuit in Florida 

Under Florida’s automobile insurance laws, vehicle owners must have a minimum of $10,000 in personal injury protection (PIP) insurance coverage. PIP coverage allows anyone injured in a car accident in the state of Florida to seek medical attention at a Florida hospital at a reduced price. However, some hospitals in the state have charged car accident victims full price for services despite state guidelines. These behaviors have led an increasing number of car accident victims to file a PIP lawsuit in Florida.

If you were injured in a car accident in Florida in the last five years only to face unreduced medical bills, you may be eligible to seek compensation. If you feel you were wrongly charged full price for medical services in the state, consider filing a PIP lawsuit in Florida.

What Is Personal Injury Protection (PIP)?

Personal injury protection is coverage intended to offer financial assistance for everything from medical bills to lost wages. Under Florida law, an insurance policy must offer $10,000 in PIP medical and disability benefits as well as $5,000 in PIP death benefits. This coverage must apply to the vehicle owner or the named insured, those living in the insured’s household, anyone else operating the vehicle, any passengers, and any pedestrians who may be struck by the vehicle.

What Does Personal Injury Protection Cover?

Personal Injury protection is meant to cover medical benefits, disability benefits, and death benefits. Under the law, 80 percent of all medical services needed within the first 14 days after an accident should be covered. This includes surgery, “X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services.” Approved follow-up services are also included. Massage and acupuncture services are not covered under PIP.

Disability benefits include “Sixty percent of any loss of gross income and loss of earning capacity per individual from inability to work… plus all expenses reasonably incurred in obtaining… ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed.” PIP coverage offers compensation for lost wages of up to $10,000. Death benefits, finally, offer $5,000 per individual.

What Are the PIP Requirements in Florida?

In order to qualify for PIP coverage, you must seek medical help within 14 days of your accident. PIP coverage applies only to initial treatment and follow-up treatment directly related to the originally diagnosed issue. If it’s found that the injury you sustained isn’t considered an emergency medical condition (EMC), you may only be able to access $2,500 worth of benefits. PIP benefits can be recovered even if you are found at-fault for your accident. Medical providers are required to charge no more than the insurer’s “allowable” rate for their services. Any amount in excess of this price should be waived by the medical provider.

How Do You File a PIP Claim?

To file a PIP claim, you must first seek a PIP medical provider. Only specific medical providers in the state qualify. Medical providers include M.D.s, D.O.s, D.C.s, dentists, hospitals, and any facilities owned by a hospital as well as any emergency medical personnel. During the medical exam, it will be determined whether or not your injury qualifies as an EMC. Once the type of injury is determined, a claim must be filed with your PIP insurance provider. This claim is known as a “demand letter” and includes the monetary amount you are seeking to receive.

If you are struggling with the process of filing a PIP claim, an auto accident attorney may be able to assist you.

When Should You File a PIP Lawsuit in Florida?

There are tight deadlines when it comes to filing a PIP lawsuit in Florida. However, first, you must submit a PIP claim with your insurer. Most importantly, treatment for your injuries must occur within 14 days of the accident. If your claim is not filed before then, it is unlikely to be accepted. At the point of your filing, your insurance company has 60 days to investigate your claim; although, payment must be provided within 30 days even if there is suspicion.

PIP protection in Florida offers consumer-friendly cost-saving provisions meant to reduce medical costs. This means that approved PIP medical providers are required to offer lower prices. However, some hospitals have failed to offer reduced costs thus overcharging PIP coverage holders. It is in these sorts of cases that a person may need to file a PIP lawsuit in Florida.

How Long Do You Have to File a Lawsuit?

If you feel you have been overcharged by a hospital in the state in the last five years, you may be able to file a PIP lawsuit in Florida. While there are strict deadlines for nearly every step of a PIP claim, the process of filing a PIP lawsuit in Florida is a bit more relaxed. Typically, the Florida statute of limitations gives claimants five years to file a suit. However, this timeline may be shortened in the case of more serious injuries, so you may need to contact legal assistance to determine the deadline in your specific case.

Join a Free PIP Overcharging Class Action Lawsuit Investigation

You may qualify for this investigation under the following circumstances:

• You were injured in a motor vehicle accident within the past 5 years;
• You were treated at a hospital in Florida;
• Your insurance company paid PIP insurance benefits for your hospital treatment;
• You received a bill from the hospital based on its original charges rather than for reduced charges.

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This article is not legal advice. It is presented
for informational purposes only.