Proving Your Losses for a Florida PIP Claim

March 27, 2017 | Attorney, Matthew Dolman
Proving Your Losses for a Florida PIP Claim

Florida's Personal Injury Protection1 (PIP) insurance is a “no-fault” auto insurance system. This means that drivers are covered for up to $10,000 in damages regardless of whether they or another driver was at fault for the accident. This and other similar systems exist in order to keep relatively small cases out of court and increase efficiency is the system generally. Florida law2 requires people who own a motor vehicle registered in the state to carry PIP insurance, ostensibly ensuring that the vast majority of people on the road have basic insurance coverage.

Accident Victims are Still Required to Establish Their Damages

As an accident victim, it is important to keep in mind that your insurance company is not going to simply issue you a check for your stated damages because you do not have to establish fault. Insurance is a business, and the way that insurers remain profitable is by paying out as little as possible on each claim that is made.

In cases where your injuries are not serious enough to justify a lawsuit, you will be limited to pursuing medical expenses and lost income from your PIP insurer. Proving these damages requires significant documentation, which often takes the form of pay stubs, doctor's notes, medical records, and the opinion of experts, in some cases.

Do You Need an Attorney to Make a PIP Claim?

There is no requirement that people making a claim on their PIP insurance do so with the assistance of a lawyer. That being said, in many cases, the help of a lawyer can make the process go much more smoothly and also ensure that you receive as much compensation as possible. A lawyer will evaluate your case, help you collect and file the necessary documentation, and represent you in any communications that you may have with your insurer. If your insurer refuses to provide an adequate amount of compensation your attorney may file a lawsuit in order to ensure that you receive the compensation to which you are entitled to under the law.

When Can I File a Lawsuit?

While PIP claims are limited to economic damages, a traditional personal injury claim allows victims to obtain compensation for their noneconomic damages, such as pain and suffering or loss of quality of life. As a result, the recovery from a lawsuit is often significantly greater than what is available through the PIP system. Not surprisingly, many car accident victims want to know whether they can sue. While the law in this area is complicated, as a general rule your injuries must result in significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement.

Call a Clearwater PIP Insurance Lawyer Today to Discuss your Case

If you have been injured in an accident, you should contact a lawyer as soon as possible. The skilled personal injury lawyer of the Dolman Law Group Accident Injury Lawyers, PA will review your case and make sure that you get the compensation to which you are entitled under Florida law. To set up a free case evaluation with one of our lawyers, call our office today at 727-451-6900. You can also send us an email through our online contact form.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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