What To Do When Personal Injury Protection PIP Is Exhausted
There are car accidents that happen all the time in Florida and our law firm’s accident lawyers are here to represent you for your injury claim. We believe that we are one of the best car accident law firms in the south Florida area and we would like the chance to represent you. If you have questions about your rights when it comes to being injured in an auto accident then call the lawyers who regularly come up as some of the top car injury attorneys in Florida.
Involvement in a Florida car accident can be costly, and failing to understand what to do when personal injury protection (PIP) benefits have exhausted can be even costlier. That is why our experienced and award-winning car accident attorneys are standing by to assist you with your personal injury claim.
Unlike other law firms, the Shiner Law Group advocates for the victim – not insurance companies. We provide aggressive legal representation to ensure your rights are protected and fought for.
If you or your loved one has been injured in a Florida car accident due to the negligence of another, and you have exhausted your personal injury protection benefits, contact the Shiner Law Group to review your legal rights and options in a free case review. We customize our legal services on a contingency-fee basis: you pay nothing unless we win your case.
Personal Injury Protection (PIP) Benefits and Florida’s No-Fault Laws
When a person has been injured in a car accident, Florida, as a no-fault state, requires the victim to pursue pecuniary compensation from their respective insurance carrier via personal injury protection, or PIP insurance, per Florida Statute 627.736. Drivers are required to maintain a minimum personal injury protection policy of $10,000, which provides medical and disability benefits.
Unfortunately, as most accidents – particularly motorcycle and truck-related accidents – quickly exhaust a victim’s personal injury protection policy, the victim may need to pursue damages resulting from economic and non-economic losses against the at-fault party’s insurance company.
Medical Payments Benefits Coverage
Medical payments benefits coverage, or Med Pay, is a supplementary insurance policy that can cover a victim’s injuries in the event PIP benefits are exhausted, regardless of who was at fault for the accident. While medical payments benefits coverage may mirror PIP policies, personal injury protection is required in Florida, whereas medical payments coverage may be offered as a secondary insurance option.
Navigating Insurance Negotiations
Insurance companies, in any personal injury case, employ measures to satisfy the victim’s claim with minimal financial liability. Victims may often encounter an adjuster who will inform them that their personal injury protection benefits have been exhausted, which means the insurance company has satisfied the policy’s coverage limit.
It is important, however, that victims – especially those who lack the benefit of legal representation – do not take the insurance company at its word.
There are several factors to consider when an insurance company chooses to stop billing:
- Verify the insurance policy’s coverage limits;
- Verify other providers received correct payment;
Verify the insurance company did not issue any gratuitous payment or a payment that was not authorized or exceeded the reasonable amount.
If an insurance company is found liable for payments of any amount, the company is also liable for the victim’s legal fees. Personal injury victims are encouraged to submit a demand letter to review the balance activity of their insurance policy, as liability can be discovered via a demand letter or filing a claim against the insurance company.