If you live and drive in Tampa Florida, you must purchase Personal injury protection or PIP. This is the form of no-fault insurance that currently operates in the state. If, however, an accident occurs, it may be necessary to circumvent the no-fault system and go to court to obtain compensation for damages that exceed those covered by PIP. For this, you will require in Tampa Florida, a personal injury attorney.
PIP or No-Fault
The no-fault or PIP system of insurance requires you to purchase insurance. There are no exceptions. The purpose of this system is to protect you from damages or injuries that may occur in an accident. The insurance you pay for is to be spent on your personal damages. The other party or parties involved will use their insurance for their damages.
What will govern this are:
- Type of policy
- Policy limits
- Deductibles
- Who is at fault – if there is property damage and the other driver is at fault, his insurance will cover it
When the system operates correctly, you will receive:
- Coverage for most of your medical expenses
- A portion of your lost wages
- Prescriptions
- Travel expenses – to and from treatments
- Household help – if your doctor recommends it
How much and for how long, will depend entirely upon your policy and the factors that govern it. Under recent Florida law, you must seek out medical treatment within 14 days of the accident or your PIP claim may be denied. Moreover, certain other limitations are placed on from whom you can accept treatment, and what type of treatment you can receive. Florida has also put into place specific insurance threshold benefits resulting from personal injury. They vary according to whether the accident is deemed by their authorities as an emergency medical condition or non-emergency treatment. By accepting no-fault insurance, drivers in Florida are bound by these rules while giving up the right to sue. The exception is if the personal injuries are serious.
Making a Personal Injury Claim
A personal injury lawyer can file a claim in certain instances. Among the instances are:
- The accident results in death
- The injuries sustained are permanent – this includes disability, scarring
It will then be up to a personal injury attorney to make the case that the damages you (and/or your family) are suffering extend beyond the coverage provided by PIP. The lawyer could then ask the court for both economic and non economic damages including:
- Past and future pain and suffering
- Lost wages
- Lost earning capability
- Medical expenses – possible past and present but definitely future
- To offset the loss of consortium (if married prior to and during the accident)
See a Personal Injury Attorney
If you are involved in a car accident in Tampa Florida, a personal injury attorney may be able to help. While Florida is a no-fault insurance state, a person can sue under certain circumstances. If you feel you qualify, talk to a personal injury attorney today.
