Key Differences Between Personal Injury Claims and PIP Claims in Florida

When you get injured in a car accident in Florida, recovering just compensation for your injuries typically involves filing either a personal injury claim or a personal injury protection (PIP) claim (or perhaps both). While personal injury claims and PIP claims may sound similar, there are several differences between them, so it is important to work with an experienced Florida car accident lawyer who can help you seek the financial compensation you deserve.

3 Key Differences Between Personal Injury Claims and PIP Claims After Florida Car Accidents

While there are several differences between personal injury claims and PIP claims after a car accident in Florida, there are three key differences in particular of which you should be aware. These differences involve: (i) the standard of proof for establishing liability; (ii) the injuries you need to prove to recover your losses; and, (iii) the amount of financial compensation that is available.

#1: Negligence-Based Personal Injury Claims vs. “No Fault” PIP Claims

The first key difference between personal injury claims and PIP claims is what it takes to prove your right to financial compensation. To file a PIP claim, you do not need proof of negligence. Instead, PIP insurance provides coverage on a “no fault” basis.

Filing a personal injury claim, however, does require proof of negligence. Negligence in a car accident can take many different forms; and, even if the driver who hit you is clearly responsible, you still need to prove the specific form of negligence that is responsible for your medical bills, pain and suffering, and other losses. Some common forms of negligence that can give rise to personal injury claims include:

• Distracted driving
• Fatigued driving
• Impaired driving
• Speeding, tailgating and ignoring traffic signs and signals
• Merging without looking, turning without the right of way and other common driving mistakes

What if you can’t prove negligence? In this scenario, you may be limited to filing a PIP claim. However, there are several ways to prove negligence after a car accident; and, before you make any assumptions about the claim (or claims) you might be able to file, you owe it to yourself to speak with an experienced Florida car accident lawyer who can help you.

#2: “Significant” or “Permanent” Injuries in Personal Injury Claims

The second key difference between personal injury claims and PIP claims is the injury threshold for filing a personal injury claim under Florida law. Under the state’s “no fault” auto insurance statute, you can only file a claim outside of PIP if you suffered a “significant” or “permanent” injury in your car accident.

What constitutes a “significant” or “permanent” injury? Under Florida’s “no fault” auto insurance statute, filing a personal injury claim after a car accident requires proof of either:

• “Significant and permanent loss of an important bodily function;”
• “Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;” or,
• “Significant and permanent scarring or disfigurement.”

Broken bones and nerve damage that result in permanent disabilities; back, neck and brain injuries; severe burns; severe cuts that result in permanent scars; and internal organ damage are all examples of accident-related injuries that may meet the “significant” or “permanent” threshold. With that said, everyone’s circumstances are unique; and, here too, it is up to you to prove your right to file a claim. An experienced Florida car accident lawyer can help you here as well; and, if you have a personal injury claim, your lawyer can use your medical records to prove both your right to file a claim and how much you deserve to recover.

#3: Compensation Available in Personal Injury Claims vs. PIP Claims

This brings us to the third key difference between personal injury claims and PIP claims. If you are limited to filing a PIP claim, the amount of compensation available to you is limited by your PIP coverage. Florida law only requires drivers to carry $10,000 in PIP coverage, and many drivers only pay for this minimum amount. As the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) explains, in this scenario, “PIP covers 80 percent of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, no matter who caused the crash.” You can use PIP to cover certain other out-of-pocket costs as well.

If you have a personal injury claim, your financial recovery is not limited by your PIP policy. Instead, you can seek full compensation for the costs of your injuries (though, as a practical matter, insurance limits may come into play here as well). In most cases, filing a personal injury claim after a car accident in Florida will involve filing a claim under one (or more) of the following insurance policies:

• The at-fault driver’s liability insurance policy (if the driver has coverage)
• Your uninsured/underinsured motorist (UIM) policy (if you have coverage)
• The at-fault driver’s employer’s or rideshare company’s insurance policy (if the driver was working at the time of the accident)
• The insurance policy of another company that is responsible for your car accident (if a vehicle defect, road defect or other non-driver-related issue caused the crash)

While PIP only provides partial coverage for medical expenses and certain other out-of-pocket costs, filing a personal injury claim allows you to seek just compensation for all of the costs you incur as a result of your car accident. Along with your medical bills, this includes your loss of income, pain and suffering, scarring and disfigurement, emotional distress, and other financial and non-financial losses. If you have a personal injury claim, working closely with an experienced Florida car accident lawyer will be essential for ensuring that you do not leave any money on the table.

Contact Us for a Free Consultation with a Florida Car Accident Lawyer

Do you need to know more about how to seek financial compensation for injuries you sustained in a car accident in Florida? If so, we strongly encourage you to contact us right away. To speak with an experienced Florida car accident lawyer at Searcy Denney as soon as possible, call 800-780-8607 or request a free consultation online now.