Here, in Florida, on television, radio, and/or print advertisements you may hear the phrase- “you are entitled to $10,000.00 in benefits.” As an injury lawyer, clients, and people that call the law office ask about this. Some people believe that THE INJURED PERSON is entitled to this $10,000.00 but that is not always the case.
In Florida, most vehicles tagged here are required to have Personal Injury Protection (PIP insurance coverage) and that PIP insurance does provide $10,000.00 of benefits. There are certain exceptions to this: taxi cabs, municipal buses for example are not required to have PIP. The $10,000.00 of benefits are to pay for medical bills at 80 percent and wages at 60 percent as discussed in prior blog entries. Most doctors, when you are receiving treatment for injury caused by an auto accident, will take what is known as an “assignment of benefits” and a “direction to pay.” These agreements generally mean that your PIP insurance pays the doctor directly, i.e. the medical bill money is NOT paid to you generally speaking. If you miss time from work due to an accident and submit the necessary proof (generally a wage verification form filled out by your employer plus a disability note from your doctor or doctors’ note stating that you missed work due to the subject accident), then your PIP insurance does pay those lost wages at 60 percent to YOU.
Bear in mind that PIP generally pays what is received first. In other words, if you submit your wage claim after your PIP carrier has already exhausted on medical payments, then you will not receive PIP benefits. This is because the $10,000.00 is for BOTH medical and wage combined.
Also, the general order in which you get PIP is: 1) from your own car PIP policy if your the owner of the car; if you do not own a car, then you generally would qualify for PIP under someone that you live with AND are related to; or 3) if you do not own a car nor live with a relative that owns a car, then you would qualify for PIP from the car that you were in at the time of the accident (or the car that hit you if you were on a bicycle or hit as a pedestrian).
Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result. Also, this blog is based on Florida law and the laws of any other state could vary significantly from Florida. The lawyer recommends that you consult an attorney regarding the facts of your accident.
