FLORIDA HAS NO-FAULT INSURANCE REQUIREMENT IN 2008

Effective January 1, 2008, those who own a motor vehicle in Florida are required to purchase personal injury protection (PIP) also referred to as no-fault benefits.  Following a motor vehicle accident, PIP means that any injured party in the accident is able to seek medical benefits, lost wages, or death benefits from their own insurance company regardless of fault in the accident.  Generally, this coverage will allow you to see a doctor of your choosing and covers 80% of these expenses.  Lost wages will be paid at 60% of your average weekly wage and such benefits shall be paid every two weeks.  PIP has been in Florida since 1972, but went away briefly in October 2007 for a three month period.

Florida’s approach to PIP creates important benefit to all drivers.  It serves to reduce the individual’s cost of insurance by minimizing lawsuits for accidents with only minor injuries.  When the Florida legislature required all drivers to carry PIP insurance and require their own insurance company to pay medical bills regardless of fault, it also prohibited individuals from bringing a lawsuit against at-fault drivers for injuries sustained in an auto accident unless the injury is “permanent”.  Examples of “permanency” include scarring, loss of limb, substantial disfigurement, or serious personal injury, and it is decided by a jury. 

Simply purchasing the minimum amount of insurance coverage in Florida is, unfortunately, not enough to protect you and your family.  There are far too many drivers in Florida who carry minimal bodily injury (BI) insurance limits or no insurance at all.  If you are involved in an accident and have a serious permanent injury and the at-fault driver has little or no insurance coverage; you will be left paying the bills.  This could greatly impact you and your family’s quality of life.  It can become a serious issue if for example; your injuries prevent you from working or require extensive and expensive medical treatment. 

Here are some suggestions to limit your own exposure and protect yourself from major financial losses.  First, you should purchase uninsured/underinsured motorist benefits (UM).  UM benefits protect you in the event the at-fault driver has no or inadequate insurance limits to pay for the injuries you sustain.  Florida’s UM policies are generally reasonably priced and are well worth it.  BI protects you if another is injured and you are at-fault.

With the Florida legislature’s 2008 reenactment of PIP, if you are involved in an accident - regardless of fault, the extent of injures or the coverage of those involved - you should discuss the accident and injury with a qualified Florida personal injury attorney.  Most injury attorneys in Florida are willing to give a free consultation on auto accident issues.  You should act quickly, to maximize the benefits you can receive from the law, including obtaining lost wages immediately, assuring your medical bills are paid, and obtaining reimbursement for out-of-pocket expenses.

I have dedicated my personal legal practice to the areas of Personal Injury and Personal Injury Protection.  Please feel free to contact my office should you have any questions or concerns about the new 2008 law and how it affects you.  If you are ever involved in an accident, regardless of fault, I can advise you of your rights and the proper steps to take to protect both you and your family.  Philip Friedman, Esquire, Friedman & Leifer, P.A.  www.FLLegalGroup.com  1-800-984-9951