Have questions about Florida PIP law? Our personal injury lawyers are experts in this area and we have the answers to all of your questions. Like every state, Florida has requirements for auto insurance that drivers have to abide by, and insurance companies will typically sell only policies that meet the requirements. In Florida, one of the requirements is Personal Injury Protection (PIP), also called No-Fault Coverage.

A Floridian involved in a motorcycle accident fills out their injury claim form.

The Cliff Notes: Key Takeaways From This Post

  • 1
    Personal Injury Protection (PIP) is a form of no-fault insurance required in the state of Florida.
  • 2
    It covers medical expenses, lost wages and replacement services up to $10,000 for the driver and anyone riding in their car who lives at the same address.
  • 3
    PIP will also cover non-emergency injuries, but only up to 25%.
  • 4
    MedPay is a supplemental form of coverage for medical expenses up to $5,000 that may help pay for the 20% of costs PIP won’t cover.
  • 5
    Injuries must be treated within 14 days to qualify for PIP coverage.
  • 6
    A personal injury lawyer can help ensure a claim is properly filed and that you receive all of your entitlements under Florida law.

What is PIP?

PIP is generally required in No-Fault states, including Florida. The purpose of PIP is to reduce the number of lawsuits. Personal injury protection is thus designed to ensure that your medical bills are covered without the need to sue the other driver over small amounts.

After an accident, regardless of who was responsible, PIP will cover your medical expenses up to its limit. In Florida, it is considered the primary payer, that is to say, it is the first source turned to by medical providers to cover your expenses. This can help keep your health insurance from being impacted by an accident.

Who is Covered by PIP?

PIP covers the driver, and will also cover you if you were riding in somebody else’s car, or if you were struck by a vehicle as a pedestrian or bicyclist. Personal injury insurance will also cover family members who reside at the same address, and everyone who has access to the car should be listed on your insurance policy as a driver or excluded driver. PIP will also cover anyone who was a passenger in your car. It will cover you if you are driving a car you do not own, such as a rental.

What are the Limits of PIP?

In Florida, Personal Injury Protection pays 80% of medical bills, 60% of lost wages, and 100% of replacement services – that is to say, things you might need to compensate for the loss of ability from the accident. PIP covers most medical costs, but may not cover alternative medicine and other fringe benefits. It does cover treatment by a chiropractor or dentist. It does cover medical and surgical services, medication, diagnostic services, ambulatory services, and rehab.

Non-Emergency Injuries

For non-emergency injuries, such as whiplash, PIP will only pay 25%. There is a specific definition of emergency under the law, but it boils down to a condition that might cause serious jeopardy to health, impairment to bodily function, or dysfunction of a bodily organ or part if not treated immediately. However, there is some uncertainty about whether the adjuster can call it an emergency if the doctor avoids using the words “emergency medical condition.” Thus, you should try to get your medical provider to put those exact words in the chart.

In theory, non-emergency injuries are covered by your health insurance; this may not always be the case, however, and it is worth making sure your health insurance will cover auto accidents. In some cases, PIP will cover your deductible. Also, PIP only covers injuries treated within 14 days of the crash. This means it is very important to seek medical attention right away (and also legal advice in case you need to recover damages from the other driver).

Premiums

Florida law sets specific amounts for PIP. The coverage amount is $10,000, and you cannot get PIP for a higher or lower amount. You can lower your premiums by setting a higher deductible, but the maximum is $1,000. Some people also save money by excluding lost income or limiting PIP coverage to themselves. PIP also provides a $5,000 death benefit to cover funeral expenses. It will also payout for “replacement services,” which means if you have to hire somebody to clean your house or walk your dog because of your injury, PIP can cover those costs.

Once your PIP coverage is exhausted, then you have to turn to other measures, including uninsured motorist coverage.

Medical Payment Coverage Under Florida PIP Law

Medical Payment coverage or MedPay is often confused with PIP. However, it is not quite the same thing. MedPay will give you up to another $5,000 worth of coverage for a relatively low premium and will help pay for the 20% of your costs PIP won’t cover if health insurance won’t. It can also cover your PIP plan’s deductible.

However, MedPay can only be used to cover medical expenses. Given the low cost, though, it’s worth adding for most drivers, especially with the high costs of health care.