Menu
Get a free consultation
863.225.0254
After a car accident in Florida, many drivers are surprised to learn that determining who caused the crash is not always the first step in getting medical expenses covered. Florida follows a no-fault auto insurance system that generally requires drivers to first look to their own Personal Injury Protection coverage for certain accident-related losses, regardless of who caused the collision.
At Kemp Injury Law, we help people injured in Winter Haven and throughout Polk County understand how Florida's insurance rules affect their ability to recover compensation. No-fault insurance can provide important benefits after a crash, but it does not mean an at-fault driver can never be held responsible.
Florida's no-fault system requires most vehicle owners to maintain Personal Injury Protection insurance, commonly known as PIP.
After a covered accident, you generally turn first to your own PIP coverage for certain medical expenses and lost income. This is true even when another driver caused the collision.
The purpose of the system is to provide access to certain benefits without requiring every accident victim to first establish another driver's negligence.
However, "no-fault" can be a misleading phrase. It does not mean fault is irrelevant after every Florida car accident.
Fault can become extremely important when injuries are serious enough to permit a claim against the responsible driver or when losses are not fully addressed through PIP.
Our Winter Haven car accident attorneys can evaluate available insurance coverage and determine what options may exist beyond PIP after a serious collision.
Florida drivers are generally required to maintain at least $10,000 in PIP coverage.
Subject to applicable requirements and policy terms, PIP can cover a percentage of qualifying medical expenses and lost income resulting from a covered motor vehicle accident.
PIP generally pays 80 percent of reasonable medical expenses covered by the law and 60 percent of qualifying lost income, up to applicable policy limits.
Benefits may potentially apply to expenses involving:
However, having $10,000 in PIP coverage does not necessarily mean every injured person automatically receives the full $10,000.
The amount of available benefits can depend on the nature of the injuries, treatment received, timing, policy provisions, and Florida law.
One of the most important requirements for Florida accident victims involves the timing of medical treatment.
Generally, an injured person must receive qualifying initial medical services and care within 14 days after the motor vehicle accident to be eligible for PIP medical benefits.
This makes delaying treatment potentially costly.
Some car accident injuries are not immediately obvious. Adrenaline can mask pain, and symptoms involving the neck, back, head, or soft tissue may become more noticeable in the hours or days following a collision.
If you experience symptoms after a Winter Haven crash, seeking an appropriate medical evaluation promptly can protect your health while also creating documentation of your injuries.
Waiting to see whether pain disappears can create problems if you later need PIP benefits.
The amount of PIP medical benefits potentially available may also depend on whether an injured person is diagnosed with an emergency medical condition, often referred to as an EMC.
Under Florida law, the absence of an appropriate EMC determination can limit available medical benefits.
This is another reason accident victims should not assume that the existence of a $10,000 PIP policy automatically means the entire amount will be available for treatment.
Medical professionals determine diagnoses based on the patient's condition. An attorney does not decide whether someone has an emergency medical condition.
However, an attorney can review how PIP benefits have been handled and determine whether an insurer's payment or denial raises legal issues.
Often, no.
Even when PIP applies, it generally covers only a portion of qualifying medical expenses, and policy limits can be exhausted quickly after a serious collision.
An ambulance ride, emergency room visit, imaging, specialist appointments, and rehabilitation can generate substantial bills.
Once PIP benefits are exhausted, other insurance coverage and potential claims may become increasingly important.
Health insurance may cover certain remaining medical expenses, subject to the terms of the policy. Depending on the accident, an injured person may also have a claim against the driver or another party responsible for the crash.
Florida's no-fault system limits certain claims arising from relatively minor accidents, but it does not prevent every injured person from pursuing the driver who caused the collision.
When injuries satisfy Florida's applicable legal threshold, an accident victim may be able to pursue damages against an at-fault driver that go beyond available PIP benefits.
This becomes particularly important after accidents involving significant or permanent injuries.
A claim against an at-fault party may seek compensation for qualifying damages such as:
Determining whether an injury meets the applicable threshold requires evaluating medical evidence and the specific facts of the case.
Serious injuries can generate expenses far beyond PIP policy limits.
When that occurs, identifying all potential sources of compensation becomes an important part of the accident investigation.
Our Polk County car accident lawyers can examine available insurance policies, the severity of the injuries, and the circumstances of the collision to determine which claims may be available.
Depending on the case, relevant coverage might include the at-fault driver's bodily injury liability insurance and an injured person's own uninsured or underinsured motorist coverage.
There may also be multiple responsible parties in certain accidents, particularly those involving commercial vehicles, employees driving for work, or defective products.
An uninsured driver can make an already difficult accident more complicated.
PIP may still provide applicable benefits because it is generally your own coverage. However, those benefits may not come close to covering the losses associated with a serious injury.
Uninsured motorist coverage can become especially important in this situation if it is available under the applicable policy.
Similarly, underinsured motorist coverage may apply when the responsible driver has insurance but lacks enough coverage to adequately compensate an injured person.
After a serious Winter Haven collision, reviewing all potentially applicable policies can help determine what compensation may be available.
Not if you are pursuing a liability claim beyond PIP.
Fault remains important in many Florida car accident cases.
Evidence that may help establish responsibility includes:
Florida also uses a modified comparative negligence system for many negligence claims. An injured person's own share of responsibility can affect the compensation they are able to recover, and a person found more than 50 percent responsible generally cannot recover damages under this system.
Accurately determining how a crash happened can therefore have major consequences.
Insurance companies may request information after an accident, including recorded statements.
Before providing one, understand which insurance company is asking, why the statement is being requested, and what obligations you have under the applicable policy.
Statements about how the collision happened, the injuries you suffered, or how you currently feel can later become part of the claim record.
You should be truthful when communicating with insurers, but you do not need to guess about facts you do not know or minimize symptoms that are still being evaluated.
For serious accidents, speaking with an attorney before providing extensive statements can help you understand your rights and responsibilities.
PIP is only one part of the financial picture after a crash.
Keep records of medical bills, insurance statements, prescriptions, missed work, transportation expenses related to treatment, and other accident-related losses.
You should also retain copies of correspondence from your auto insurer, health insurer, and any insurance company representing another driver.
Organized documentation can help determine what PIP has paid, what remains outstanding, and which damages may need to be pursued through another claim.
Florida's no-fault insurance system can provide benefits without requiring you to first prove another driver caused the accident, but PIP has important limits and requirements. The 14-day treatment rule, medical benefit limitations, serious-injury threshold, and availability of other insurance coverage can all affect what happens after a collision.
If you are dealing with injuries after a car accident in Winter Haven or Polk County, our attorneys are here to help. Call Kemp Injury Law today or connect with us online to schedule a consultation.
