In Florida, there is no time requirement for submitting a wage claim. The insurance company generally has 30 days to pay the wage claim under Florida law. However, if it is submitted after the PIP benefits exhaust, then the PIP insurance carrier is not responsible. The injured person would still be entitled to collect their wages as part of a claim against the at fault driver. Of course, if the injured person is at fault, then in that scenario, there would be no insurance to pay the lost wages (unless client had some form of sick time at work or disability insurance). Under rules effective January 1, 2013, there are only $2,500.00 in PIP benefits and $10,000 in PIP benefits if the client has an “emergency medical condition.” In either scenario, if the PIP wage claim is not timely submitted, you will either have to wait to collect these monies against the at-fault insurance company via a jury verdict or an out of court settlement or, if you are at fault, then you will not be able to collect your wages when the PIP benefits exhaust.
Please call the law firm today for a free consultation. Drucker Law Offices has offices in Boca Raton (principal office), Coral Springs, Miami, Boynton Beach, Lake Worth and West Palm Beach. The phone numbers are 561-483-9199 in Palm Beach County or 954-755-2120 in Broward County or 305-981-1561 in Miami-Dade County. Call to know your rights!
Of course, every case is different and unique and has to be judged based on the specific facts. The advice in this personal injury blog is intended to be general in nature and should not to be construed as specific advice for your case, as a slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.
