Personal Injury
If you drive in Florida, you are required to carry Personal Injury Protection (PIP) insurance. PIP is a cornerstone of Florida’s No-Fault auto insurance system, and understanding how it works can be the difference between getting your medical bills covered and being stuck with thousands of dollars in expenses after an accident.
At Almeyda Law, P.A., Attorney Rey Hernandez has over 30 years of experience handling personal injury cases in South Florida and has seen firsthand how misunderstandings about PIP coverage can hurt accident victims.
In This Guide
What Is PIP Insurance?
Personal Injury Protection (PIP) is a type of auto insurance coverage required by Florida law under Florida Statute 627.736. Unlike traditional liability insurance that pays for the other driver’s damages when you are at fault, PIP pays for your own medical expenses and lost wages regardless of who caused the accident.
Every Florida driver must carry a minimum of $10,000 in PIP coverage and $10,000 in property damage liability (PDL).
What PIP Covers
PIP insurance covers the following expenses resulting from a car accident:
Medical Expenses (80%)
PIP pays 80% of all reasonable and necessary medical expenses, including emergency room visits, hospital stays, surgery, doctor visits, physical therapy, prescriptions, diagnostic tests, and medical equipment.
Lost Wages (60%)
If your injuries prevent you from working, PIP covers 60% of your lost income, up to the policy limit.
Death Benefits
PIP provides a $5,000 death benefit if a covered person dies as a result of a car accident.
Replacement Services
If your injuries prevent you from performing household tasks you normally do (cleaning, yard work, childcare), PIP can cover the cost of hiring someone to perform those services, up to $200 per week.
The Critical 14-Day Rule
This is the most important rule every Florida driver must know: you must seek medical treatment within 14 days of a car accident to qualify for PIP benefits.
If you do not see a doctor within 14 days, you lose your right to PIP coverage entirely, even if your injuries are clearly related to the accident. No exceptions.
Additionally, the type of medical provider matters:
- If a physician, osteopath, dentist, or hospital determines you have an emergency medical condition (EMC), you are eligible for the full $10,000 in PIP benefits
- If you do not have an emergency medical condition, your PIP benefits are capped at $2,500
This is why it is critical to seek treatment at a hospital emergency room or from a licensed physician as soon as possible after any car accident. For more on what to do after an accident, read our guide on what to do after a car accident in Miami.
Coverage Limits and Deductibles
Key numbers to know about Florida PIP:
- Maximum coverage: $10,000 per person per accident
- Medical expenses: 80% covered (you pay 20%)
- Lost wages: 60% covered
- Deductible options: $0, $250, $500, or $1,000 (a higher deductible means a lower premium but more out-of-pocket costs)
- EMC cap: If no emergency medical condition is found, benefits are limited to $2,500
How to File a PIP Claim
Step 1: Seek Medical Treatment Within 14 Days
Get to a doctor or emergency room as soon as possible. Make sure your medical records document that your injuries are related to the car accident.
Step 2: Report the Accident to Your Insurance Company
Notify your auto insurance company about the accident promptly. Most policies require notification within a reasonable time frame.
Step 3: Complete PIP Application Forms
Your insurance company will send you PIP application forms. Complete and return them promptly. Delays can slow down your benefits.
Step 4: Provide Medical Records and Bills
Your medical providers will typically submit bills directly to your PIP insurance. Make sure your providers know to bill your auto insurance first.
Step 5: Monitor Your Benefits
Keep track of how much of your $10,000 benefit has been used. Once it is exhausted, you are responsible for additional expenses (unless you have other coverage or a personal injury claim against the at-fault driver).
What PIP Does Not Cover
PIP insurance has significant limitations:
- Pain and suffering: PIP does not compensate you for physical pain, emotional distress, or diminished quality of life
- Vehicle damage: PIP only covers personal injuries, not damage to your car (that is covered by PDL, collision, or the at-fault driver’s liability insurance)
- Full medical expenses: PIP only pays 80% and is capped at $10,000, which can be exhausted quickly with serious injuries
- Full lost wages: PIP only covers 60% of lost income
- Motorcycle accidents: PIP does not apply to motorcycles in Florida
Going Beyond PIP: When You Need More
If your injuries exceed what PIP covers, you have additional options:
Filing a Claim Against the At-Fault Driver
If the other driver caused the accident and your injuries meet Florida’s “serious injury” threshold (significant and permanent loss of a bodily function, permanent scarring, or death), you can file a bodily injury claim against the at-fault driver’s liability insurance for full compensation including pain and suffering.
Uninsured/Underinsured Motorist Coverage
If the at-fault driver has no insurance or insufficient coverage, your own UM/UIM policy can provide additional compensation.
Health Insurance
After PIP is exhausted, your health insurance can cover ongoing medical treatment. However, your health insurer may seek reimbursement from any personal injury settlement you receive.
Frequently Asked Questions
Is PIP insurance mandatory in Florida?
Yes. Florida law requires all registered vehicle owners to carry a minimum of $10,000 in PIP coverage and $10,000 in property damage liability. Driving without PIP can result in license and registration suspension.
Does PIP cover passengers in my car?
Yes. PIP covers the policyholder, household family members, and passengers in the covered vehicle who do not have their own PIP coverage. Passengers with their own auto insurance typically use their own PIP first.
Can I sue after a car accident in Florida even with PIP?
Yes, but only if your injuries meet the “serious injury” threshold defined by Florida law. This includes permanent injury, significant scarring or disfigurement, or death. If your injuries meet this threshold, you can pursue a bodily injury claim against the at-fault driver for full damages including pain and suffering.
What if my insurance company denies my PIP claim?
Insurance companies sometimes deny PIP claims or reduce payments. Common reasons include missing the 14-day deadline, disputes about whether treatment was medically necessary, or paperwork errors. If your PIP claim is denied, an attorney experienced in personal injury law can help you appeal or pursue other options.
Need Legal Help?
Questions about your PIP claim? Speak with a personal injury attorney today.