Unexpected events plague everyone, and accidents are among them. If you are injured because of someone else’s mistake, you need to know your rights to get the compensation you deserve. As you prepare for court, you will need to know what the laws mean, which requires some understanding of the legal terms or words they use regarding PIP claims.
What Type of Coverage Is PIP?
PIP is no fault under Florida law. That means it covers you regardless of whether you are at fault for the accident or not. It is the only insurance drivers are required to have in the state and insures up to $10,000.This amount covers 60% of lost income and 80% of medical expenses. This amount can be lowered to $2,500 if the medical expenses are not considered an emergency.
What Is Considered an Emergency or EMC?
An emergency medical condition (EMC) is a medical condition of sudden and intense severity which lack of immediate treatment will lead to:
- Harming the patient’s health
- Impairment of bodily function
- Dysfunction of a body part or organ
To get coverage for a PIP claim, a medical professional must report the accident as the cause of the emergency. PIP does not cover medical expenses unrelated to the accident.
Other Terms Related to PIP Claims
Now that you have the jest of it, here are a few other terms you should know as you research your case:
- Accident Report: This is a record of the event recorded by an authority such as the police.
- Act of God: An incident nature caused and could not have been stopped by human intervention. Examples include hurricanes or storms.
- Attorney-Client Privilege: A law that stops anything discussed between a client and their attorney from being revealed.
- Bad Faith Claim: An allegation against an insured person’s insurance company when it unjustly denies a claim.
- Deductible: Money the insured is responsible for paying for a claim.
- Good Faith: Honestly acting on promises without taking unfair advantage of the other party.
- Known Loss Rule: A law stating insurance coverage may not be given for losses that already happened and were known to be insured.
- Maximum Medical Improvement (MMI): The point where an injury is no longer expected to recover further and has stabilized.
- Product Liability: The responsibility of a business or manufacturer for defects in the product that caused property or bodily injury.
- Statute of Limitations: A law setting the time limit someone has to make a claim.
- Tort: Civil or private wrongdoing that is not a crime but makes the doer legally liable. PIP is the most common type.
- Wrongful Death: a claim made by survivors or people associated with the deceased because of the actions of the accused. It could be due to neglect or done on purpose.
Additional Things to Know
There are a few mistakes on your end that can cause you to lose the money you deserve. First, your initial medical treatment must be received within 14 days of the incident. If no treatment is received within 14 days no PIP benefits will be payable. If you are in the process of changing insurance plans, you should consider MedPay. MedPay can add $5,000 dollars of additional insurance and help you with the remaining 20% that PIP doesn’t cover. It’s worth it to have it on your policy.
If you need legal assistance, Buchalter, Hoffman, and Dorchak has a Miami PIP claims attorney that will explain everything you need to know. When you are ready, call us to get your case ready.