3 reasons why PIP is bad for car accident victims in Fort Lauderdale

smashed windshield

Fort Lauderdale, FL – Only 12 states use the no-fault insurance system and, unfortunately, Florida is one of them. Florida’s Motor Vehicle No-Fault Law was introduced some 50 years ago. At the time, it was presented as a revolutionary concept that would make it easier for car accident victims to recover damages and pay less in premiums. Both promises turned out to be nothing more than wishful thinking. Personal Injury Protection (PIP) policies are actually higher than in many at-fault states and the process of recovering damages is more complicated. If you’re in a serious accident, you will have to look for a very good Fort Lauderdale personal injury lawyer to get the compensation you deserve.

PIP coverage is limited

Minimum PIP coverage is only $10,000 in Florida. You will be shocked to learn that this sum was decided in the 1970s and it was never adjusted for inflation.

On top of that, if you are injured in an accident, your PIP will only cover 80% of your medical expenses and 60% of your lost wages. If you have minimum insurance, $10,000 will barely cover your first visit to the hospital and some tests. If, for instance, you have sustained spine damage and you need surgery, how are you going to pay for it out of $10,000? And who’s going to pay your wages if you need, say, six months to be back on your feet. Even if you have better coverage you probably won’t be able to recover all your damages using your PIP.

PIP doesn’t cover your pain and suffering

Your Personal Injury Protection policy only refers to the medical needs to treat your injury. If you sustain serious injuries that leave you in excruciating pain and you lose all enjoyment in life while you’re bedridden, that’s your problem. The insurance company won’t give you anything for your pain and suffering.

PIP restricts your right to sue

When PIP was introduced it was meant to limit the number of lawsuits. The law was considered generous enough as it allows you to recover damages no matter who was at fault for the accident. What more can you want? The only way you can recover pain and suffering damages is to sue the driver responsible for your accident. However, there is a “threshold” requirement to be able to recover non-economic damages at all in Florida. Your injury must be significant and permanent enough. According to the Florida statute you can sue for pain and suffering damages if your injury results in:

  • Significant and permanent loss of an important bodily function.

  • Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

  • Significant and permanent scarring or disfigurement.

  • Death

All in all, Florida’s no-fault law is difficult to navigate and it hasn’t made our roads any safer. On the contrary. Since they know they can get damages even if they’re at fault for an accident, drivers have no incentive to be careful and exercise caution.

If you were recently injured in a car crash or another type of accident caused by negligence in the Fort Lauderdale area, schedule a free consultation with a lawyer at Madalon Law and see how much your claim may be worth.

Contact info:

Madalon Law

Fort Lauderdale Office

100 N. Federal Hwy #CU5

Fort Lauderdale, FL 33301