No matter where you live in Florida – whether your residence is in Miami, Tampa or Jacksonville, you will need to have car insurance. Personal injury protection or PIP is mandatory in this and at least 9 other states. Understanding specifically what such protection entails under PIP, and your obligations, is very important. According to PIP specialists such as Shuster & Saben, your only protection against major errors is to understand completely what the law involves.
PIP: The Basics
A true no fault form of insurance, PIP simplifies the consequences of a car accident in Miami. When it comes to personal injury, the rule of thumb is simple. “Your insurance pays for your injuries and the other involved party relies on their insurance company to pay for theirs.” The amount you will recover depends on a variety of factors – notably the type of insurance you have purchased. In other words, under PIP, no two recovery claims are created equal.
Filing under PIP
While PIP is purchased to pay for your personal injuries during a car accident, it is not the only factor in play when it comes to a car accident. Other particular legislation is involved. Filing a claim is not simply handing the matter over to your agent in charge of your designated car insurance personal injury protection plan. The 2 major factors you also need to look at are:
1. The Statute of Limitations: No matter what state you live in or what insurance covers you, a statute of limitations will control the length of time you will have to file. In Miami, FL, you are given a maximum period of 10 years in which to provide the appropriate paperwork and file your claim. However, as any lawyer knows, if you fail to seek treatment for any injuries during the 14 days that follow the accident, PIP can deny your claim.
2. Comparative Negligence Law: This is another law that will affect the amount of compensation you can receive for personal injuries. Under Florida’s “pure comparative negligence rule,” a court can determine the percentage of blame or fault for which each participant in the accident bears responsibility. The amount of personal injury damage you hope to receive will be reduced accordingly.
These factors are two of several that will affect your claim,
Car Insurance Personal Injury Protection: Talk to a Lawyer
Under Florida law, you are obligated to buy PIP. Yet, unless you understand the implications, you may never be able to claim successfully what is yours. In Miami, if you want to protect your right to receive what is yours under PIP, contact a law firm such as Shuster & Saben who specialize in car insurance personal injury protection policies.
