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What Is Personal Injury Protection (PIP) Insurance?

What Is Personal Injury Protection (PIP) Insurance?

What Is Personal Injury Protection (PIP) Insurance? 1920 1080 Chase Jennings

About Personal Injury Protection (PIP)

PIP (Personal Injury Protection) coverage is a type of insurance coverage that is necessary in states that have “no fault” car insurance. There are 12 such “no fault” states where PIP coverage is necessary, including Florida.

No fault car insurance is, essentially, a method by which state legislatures have chosen to streamline the process of car accident insurance claims, particularly smaller claims. In this type of insurance, fault is not assigned after an accident.

So, rather than pursuing the other insurance company for the costs associated with property damage, medical bills, or lost wages, your own car insurance company covers these costs. Because of this, PIP is mandatory in Florida.

PIP, as the name suggests, will compensate you up to applicable limits after a car accident. You do not have to sue or take action against the other driver in any way – you simply file with your own insurance company.

Florida Insurance Requirements state that all drivers must carry $10,000 in PIP, but you can choose a policy with a higher limit. Typically, your insurance will cover 80% of the cost of medical services, and 60% of your lost wages, up to your policy maximum.

How Does A PIP Insurance Claim Work?

If you’re injured in a car accident, you will need to contact your auto insurer. Then, your own insurance company will pay for a portion of your medical bills and reimburse you for some or all of your lost earnings, up to the amount of your claim or the limits of your policy.

However, if your medical bills exceed the limit on your PIP policy, you will then be responsible for paying for the remainder of your treatment, just as you normally would.

At this point, your private health insurance may kick in, or if you are on a state-run Medicaid program, these insurance programs will pay the bills up to applicable limits. If you don’t have health insurance, you will have to cover the cost of your medical bills out-of-pocket after you reach the PIP maximum outlined by your insurance policy.

Can I Recover Compensation Beyond PIP Insurance?

Because Florida is a no-fault insurance state, you can’t sue the other driver and their insurance company unless there are very specific circumstances involved in the accident. The whole point of “no-fault” auto insurance is that it eliminates the need for drivers to sue each other for minor accidents.

However, if you are in a very serious accident, you still may be able to obtain compensation above and beyond your PIP insurance coverage limits.

If you meet one or more of the following criteria, you may be able to bring a lawsuit against the other driver and their insurance company.

  • Wrongful death
  • Permanent and significant loss of an important bodily function
  • Permanent and significant scarring
  • Any injury identified by doctors as permanent

If these conditions are present, you may be able to work with an Orlando car accident lawyer like the team at Bengal Law too file a personal injury suit and recover compensation for pain and suffering, expenses associated with medical care, lost and diminished earning capacity, lost wages and benefits, and other such damages.

Personal Injury Lawsuit Myths - Whats True?

Personal Injury Lawsuit Myths (What’s True???)

Personal Injury Lawsuit Myths (What’s True???) 1920 1080 Chase Jennings

Myths & Misconceptions About Personal Injury Lawsuits

There are numerous misconceptions and myths surrounding personal injury lawsuits and claims, many of which need a legal professional to debunk. A professional team of Orlando Personal Injury Attorneys from Bengal Law has detailed an in-depth guide to help you demystify some of the myths. Read on!

1. Personal Injury Claims Take Forever

It is hard to determine beforehand how long a personal injury case will drag on before conclusion. While some cases are complex, others are straightforward to predict the duration they will last. Your personal injury lawyer should advise you within a reasonable time and complete the claim process as quickly as possible.

2. Your Insurance Coverage will Cater for Everything in Case of an Accident

Although injuries from accidents are common, sometimes insurance firms only pay part of the associated costs. Accident victims may therefore end up footing their own medical bills to some extent. After an accident, you need to contact your insurer to discuss the details of the accident and possible compensation.

3. The Responsible Party will Foot the Entire Bill

You may neglect the idea of filing for claims from personal injuries assuming that the person responsible will pay out of their pocket. However, in many cases, the person responsible settles the bill from their insurance coverage. The cost is therefore only felt through higher insurance premiums.

4. My Employer will sack me if I File a Claim Against them

It is illegal for your employer to sack or threaten you for filing claims for injuries sustained at work. This is against the worker’s employment rights. The employer is required by law to ensure the safety of employees at work and provide them with comprehensive insurance coverage against work-related injuries.

5. It is Not Worthy to File Claims for Minor Injuries

Many people choose not to file claims if they have minor injuries. However, it is within your rights to claim compensation for medical bills from even minor bruises. You should work with a personal injury attorney from Bengal Law to help you determine if it is necessary to file a claim depending on the severity of the injuries.

6. Time is Not of Essence in Filing a Claim

It is advisable to file personal injury claims before the injuries heal. There is a provision under the law on the maximum period beyond which you cannot file personal injury claims, usually three years from when the accident happened.

Need a Qualified Orlando Personal Injury Attorney? Get in Touch Today

If you sustain personal injuries and need to file a claim for damages, you require an experienced personal injury lawyer to hold your hand. Fortunately, Joel Leppard of Bengal Law is a renowned Orlando Personal Injury Attorney with years of experience handling personal injury cases successfully. Please contact us online today or call us directly at 407-315-8000 to seek our legal representation and get a free consultation.

 

Common Mistakes After An Auto Accident - Bengal Law

Common Mistakes After An Auto Accident

Common Mistakes After An Auto Accident 1920 1080 Chase Jennings

In a Car Accident? Don’t Make These 6 Common Mistakes…

These are the six common mistakes you should avoid at all costs after being involved in an auto accident.

Admitting Fault To The Other Driver, Police, Or Insurance

Do not admit guilt or fault in a car accident. Even saying “I’m sorry” and apologizing for the incident could be seen as an admission of guilt. You are under no obligation to admit fault or apologize to the other driver. Similarly, never admit fault or guilt in front of police, or when you talk to your insurance company.

Failing To Call The Police

You should always call the police after an accident. A police investigation and police report can help build your case, and they will also take witness accounts and photos of the scene, which are all useful. They may even issue a citation to the other driver, which is helpful in proving fault.

Talking To The Police Without A Lawyer

This may seem like a contradiction. We just told you that you should call the police if you’re in an accident. And that is true.

However, in most cases, you should NOT answer questions asked by the police about the accident. Anything you say about the accident can be used against you. If you inadvertently admit fault or admit to violating a traffic law – even if you didn’t know it – this could harm your case.

You are legally obligated to give an officer certain information like your license, registration, and insurance. You also are required to take DUI or chemical tests, and the officer can insist that you and any passengers exit your car. But other than that, you do not have to answer any questions.

So, when in doubt, politely decline to answer questions from the police. Before giving any kind of testimony, you can consult with an Orlando car accident attorney like Joel Leppard to ensure you do not accidentally incriminate yourself.

Failing To Gather Evidence & Document The Scene

When possible, take photos of your car, any other involved vehicles, your injuries, the scene of the accident, and more. Documenting the scene can be very helpful when disputing fault or filing a personal injury lawsuit.

Skipping A Medical Checkup

Even if you only have minor injuries, it’s a good idea to get checked out at a hospital. Some car accident injuries may not be obvious at first, such as concussions. And getting a checkup ensures that you’ll have records about any injuries you experienced due to the accident, which will be helpful when filing your claim.

Not Consulting With A Lawyer Before Reporting Your Claim To Insurance

You should contact an Orlando car accident attorney before you report your claim to insurance. With the help and advice of an attorney, you can understand your situation and take the proper steps to protect yourself and your claim before you start working with insurance reps.

Recovering Compensation in a Personal Injury Lawsuit (2021)

Do You Have a Good Case? (2021)

Do You Have a Good Case? (2021) 1920 1080 joel@leppardlaw.com

Recovering Compensation in a Personal Injury Lawsuit

To recover compensation in a personal injury lawsuit, you must prove three things. First, you must show that you suffered some form of injury that caused damages or losses. Second, you must be able to prove that someone else is responsible for your injuries. Lastly, there should be access to financial recovery through the insurance policy or personal assets of the person responsible for your injuries.

Negligence

Negligence is a concept at the heart of every personal injury claim. In our society, every person has a duty to take reasonable precautions to avoid harm to others. Negligence occurs when someone violates this duty. In simpler terms, negligence means that someone was careless, and their carelessness caused an injury to another person.

Some examples of negligence include:

  • A driver who fails to stop at a stop sign
  • A truck driver who fails to yield when merging onto the highway
  • A shop owner who fails to clean a slippery and dangerous surface

In each of the examples above, the driver, the trucker, and the shop owner owed a duty of care to follow the rules of the road, take reasonable precautions to avoid an accident, or protect the safety of customers on their premises. Anyone injured by their failure to abide by the required duty of care would have a personal injury claim against them.

Sometimes, proving that someone acted negligently is difficult — especially when the at-fault party is represented by an insurance defense attorney. Moreover, it can be difficult to uncover all sources of recovery available to you. That is where an experienced personal injury attorney can help. Contact Bengal Law today to discuss the facts of your accident and determine whether or not you have a valid personal injury claim.

How Much Is My Accident Case Worth?

The goal of every personal injury case is to turn back the clock to place the accident victim in the same financial position as they were before the accident occurred. For example, if you have accrued medical expenses, lost wages, and incurred other expenses related to your injuries, the law is designed to compensate you for the total value of those losses.

The value of a case is determined by several factors, including the extent of your injuries, medical bills, property damage, pain and suffering and loss of enjoyment of life. Some of these factors, such as medical bills, are tied to a literal dollar amount. These are known as “economic damages.” Other factors, such as pain and suffering, are known as “non-economic damages.” This form of damages is often difficult to calculate without the assessment of an experienced Orlando accident attorney.

Economic Damages

Personal injury lawsuits seek to compensate victims in the form of damages, which include both economic and non-economic losses. For example, if you were injured in an accident, you may have medical bills, lost wages, property damage, and other costs associated with your recovery. These are considered forms of “economic damages.” If you have experienced damages such as these, you are entitled by law to seek compensation to recover financially for your economic losses.

Non-Economic Damages

In addition to economic damages, you may also be entitled to seek compensation for non-economic damages. This form of damages includes things such as pain and suffering, loss of enjoyment for life, trauma, and other psychological and emotional harm. Non-economic damages are often difficult to calculate and even harder to prove. An experienced personal injury attorney can help you determine the true value of your non-economic damages so that you can maximize your recovery under the law.

Schedule a free consultation

Getting the compensation you need to make a full financial recovery starts with a free case evaluation with accident attorneys Jeff Starker or Joel Leppard.

Start today by texting or calling our office and scheduling a consultation with one of our Orlando personal injury attorneys, or complete our contact form to start your journey of getting help. We look forward to serving you.

    ADDRESS

    Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys PLLC. 1530 US Highway-1, Suite #400, Rockledge, FL 32955 OPEN GOOGLE MAP

    PHONE

    (321) 332-7901 CALL US

    ADDRESS

    Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys PLLC. 638 Broadway Ave, Suite #200, Orlando, FL 32803 OPEN GOOGLE MAP

    PHONE

    (407) 815-3000 CALL US

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