Auto Accident in Florida? Start With PIP and the 14 Day Rule
Jess is stopped at a red light when a truck taps her bumper. No big deal, she thinks. She goes home, ices her neck, skips the doctor. Two weeks and one day later, the pain gets worse. She calls her insurer. And that’s when she learns about a deadline she never heard of.
That deadline is the heart of any Florida auto accident claim, and it’s tied to something called PIP, which is short for Personal Injury Protection.
What Florida’s No Fault System Means
Avera & Smith’s Auto Accidents page says Florida is a no fault state. Each driver’s own insurance covers medical expenses and lost wages after a crash, no matter who caused it. That’s PIP, and every registered Florida driver must carry at least $10,000 in coverage.
But no fault doesn’t mean the careless driver gets off free. The firm says serious injuries can let you step outside the no fault system and sue the at fault driver directly. This is where an Auto Accident case often turns into a bigger conversation.
The 14 Day Deadline
You must seek medical treatment within 14 days of the accident or permanently lose your PIP benefits. The firm calls this one of the most commonly missed deadlines in Florida accident law. Even one day late can cost you the entire coverage.
PIP covers 80% of necessary medical expenses and 60% of lost wages, up to the $10,000 limit. Jess missed by a day. Don’t be Jess. If you hurt at all, get checked out and keep the paperwork.
When PIP Isn’t Enough
Ten thousand dollars goes fast. An ambulance ride and a hospital scan can use up a chunk of it. The firm says if your medical costs exceed the limit and your injuries are severe, you may have grounds for a lawsuit against the at fault driver to recover the rest.
To pursue pain and suffering or damages beyond your PIP limit, your injuries generally must meet a “serious injury” threshold. The firm names significant and permanent loss of an important bodily function, permanent injury or significant scarring. A lawyer can tell you if you qualify.
The Steps That Protect Your Claim
Call 911. Get medical care. Photograph the scene and gather witness details. Don’t admit fault. And be careful about recorded statements, since the firm advises against giving one to an insurer before speaking with a Florida auto accident lawyer.
Many serious injuries, like whiplash and traumatic brain injury, don’t show up at the scene. A medical visit creates a record that links your injuries to the crash. That record helps whether your claim stays in the PIP system or moves toward a lawsuit.
Working With a Firm
Avera & Smith says it has over 70 years in Florida and has secured over $250 million in settlements and verdicts, though past results don’t guarantee future ones. It operates on contingency, so there’s no fee unless it recovers compensation for you.
If you’re facing a confusing Personal Injury claim after a crash, the firm offers a free case review. Tell them what happened, ask about PIP and the serious injury threshold, and decide what to do next.
FAQs
What is PIP? Mandatory Florida coverage that pays up to $10,000 for medical bills and part of lost wages, regardless of fault.
What happens if I wait past 14 days? The firm says you permanently forfeit PIP benefits.
Can I sue the at fault driver? If your injuries meet the serious injury threshold, generally yes.
Conclusion
An auto accident in Florida comes with a short list of rules that matter right away: get care within 14 days, understand PIP and know when a personal injury lawsuit might be on the table. Avera & Smith offers a free case review with no fee unless it wins. If you’ve been in a crash and you’re unsure where you stand, make that call early.
Comments