You should call your insurance company if someone hits you because your personal injury protection (PIP) coverage will be your first source of compensation after a car accident in Florida, regardless of who is at fault.
If your injuries cause you to suffer losses beyond the limits of your PIP policy, you might qualify to file a personal injury claim or lawsuit against the at-fault driver. A Florida car accident lawyer can explain your legal options and help you fight to secure fair compensation from your PIP provider and the liable driver’s insurance company.
When Should You Report a Car Accident to Your Insurance Company?
You should notify your insurance company of a car accident as soon as possible. Owners must purchase at least $10,000 of PIP coverage for any registered vehicle in Florida, and you can use this policy to file a claim even if you are not at fault for the crash.
What Does PIP Insurance Cover?
In Florida, PIP insurance generally covers:
- Up to 80% of your accident-related medical expenses
- Up to 60% of your lost income
- Up to 100% of replacement services (e.g., yardwork, childcare, or house cleaning)
- Up to $5,000 in death benefits
When Can You File a Claim With the At-Fault Driver’s Insurance?
PIP is great for minor car accidents. It allows you to get the fast coverage you need for medical bills and other losses immediately after an auto accident, even if you didn’t cause it. However, if you suffered catastrophic injuries or other losses in the crash, your $10,000 in PIP coverage will likely be severely inadequate.
Per Florida Statutes § 627.737, you can file a claim for damages beyond PIP’s limits if you meet the state’s serious injury threshold, meaning you must have suffered:
- Loss of a crucial bodily function (such as loss of limb or paralysis)
- Permanent injury, disfigurement, or scarring
- A loved one’s death
If you suffered any of these losses, you can file a claim with the liable party’s insurance company for additional coverage. You also have the right to file a personal injury lawsuit against the at-fault driver.
Damages You Could Recover in a Car Accident Claim or Lawsuit
Filing a claim or lawsuit against the at-fault driver may qualify you to receive damages far beyond what PIP offers. You could recover:
- 100% of your current and future medical expenses related to the crash
- 100% of your current and future lost income
- 100% of replacement for childcare and other household services
- 100% of your damages related to the wrongful death of a loved one, including funeral and burial costs, lost companionship, and lost household income
- Noneconomic damages, such as pain and suffering, mental and emotional anguish, disfigurement, disability, and PTSD
If you’re unsure whether you meet the state’s serious injury threshold, a Florida catastrophic injuries lawyer can evaluate your case and explain your options.
You Have Limited Time to Take Legal Action
If you qualify to sue the at-fault party after a car accident, you have a limited time to do so. Per Florida Statutes § 95.11, you generally have just two years to file a personal injury or wrongful death lawsuit in Florida.
We encourage you to reach out to a personal injury law firm as soon as possible after a crash so your lawyer will have plenty of time to gather evidence of negligence and your damages and file your lawsuit before time expires.
Other Important Steps to Take After a Motor Vehicle Accident
In addition to calling your insurer after someone hits you, you should take other steps to protect your health and preserve your insurance claim or lawsuit. If your injuries allow, we encourage you to:
- Report your car accident to the police (this step is mandatory in most situations, per Florida Statutes § 316.066).
- Call 911 to request immediate medical attention.
- Take photos of the accident scene, vehicle damage, and your injuries.
- Exchange contact and insurance information with the other driver.
- Gather contact information from witnesses.
- Receive all recommended medical care to treat your injuries.
- Call a car accident lawyer to learn about your legal options, especially if you suffer severe injuries or meet resistance during the insurance claims process.
Let Our Florida Car Accident Attorneys Help With Your Claim
A Florida personal injury attorney from our team at the Law Offices of Wolf & Pravato can help you file a claim after a car accident, whether seeking PIP coverage or pursuing a claim with the liable party’s insurance company.
We will negotiate with the insurance adjuster on your behalf and fight for a fair settlement. If negotiations stall, we are unafraid of taking your case to court. Contact us today for a free initial consultation and get started on your claim.
You should call your insurance company if someone hits you because your personal injury protection (PIP) coverage will be your first source of compensation after a car accident in Florida, regardless of who is at fault.
If your injuries cause you to suffer losses beyond the limits of your PIP policy, you might qualify to file a personal injury claim or lawsuit against the at-fault driver. A Florida car accident lawyer can explain your legal options and help you fight to secure fair compensation from your PIP provider and the liable driver’s insurance company.
When Should You Report a Car Accident to Your Insurance Company?
You should notify your insurance company of a car accident as soon as possible. Owners must purchase at least $10,000 of PIP coverage for any registered vehicle in Florida, and you can use this policy to file a claim even if you are not at fault for the crash.
What Does PIP Insurance Cover?
In Florida, PIP insurance generally covers:
- Up to 80% of your accident-related medical expenses
- Up to 60% of your lost income
- Up to 100% of replacement services (e.g., yardwork, childcare, or house cleaning)
- Up to $5,000 in death benefits
When Can You File a Claim With the At-Fault Driver’s Insurance?
PIP is great for minor car accidents. It allows you to get the fast coverage you need for medical bills and other losses immediately after an auto accident, even if you didn’t cause it. However, if you suffered catastrophic injuries or other losses in the crash, your $10,000 in PIP coverage will likely be severely inadequate.
Per Florida Statutes § 627.737, you can file a claim for damages beyond PIP’s limits if you meet the state’s serious injury threshold, meaning you must have suffered:
- Loss of a crucial bodily function (such as loss of limb or paralysis)
- Permanent injury, disfigurement, or scarring
- A loved one’s death
If you suffered any of these losses, you can file a claim with the liable party’s insurance company for additional coverage. You also have the right to file a personal injury lawsuit against the at-fault driver.
Damages You Could Recover in a Car Accident Claim or Lawsuit
Filing a claim or lawsuit against the at-fault driver may qualify you to receive damages far beyond what PIP offers. You could recover:
- 100% of your current and future medical expenses related to the crash
- 100% of your current and future lost income
- 100% of replacement for childcare and other household services
- 100% of your damages related to the wrongful death of a loved one, including funeral and burial costs, lost companionship, and lost household income
- Noneconomic damages, such as pain and suffering, mental and emotional anguish, disfigurement, disability, and PTSD
If you’re unsure whether you meet the state’s serious injury threshold, a Florida catastrophic injuries lawyer can evaluate your case and explain your options.
You Have Limited Time to Take Legal Action
If you qualify to sue the at-fault party after a car accident, you have limited time to do so. Per Florida Statutes § 95.11, you generally have just two years to file a personal injury or wrongful death lawsuit in Florida.
We encourage you to reach out to a personal injury law firm as soon as possible after a crash so your lawyer will have plenty of time to gather evidence of negligence and your damages and file your lawsuit before time expires.
Other Important Steps to Take After a Motor Vehicle Accident
In addition to calling your insurer after someone hits you, you should take other steps to protect your health and preserve your insurance claim or lawsuit. If your injuries allow, we encourage you to:
- Report your car accident to the police (this step is mandatory in most situations, per Florida Statutes § 316.066).
- Call 911 to request immediate medical attention.
- Take photos of the accident scene, vehicle damage, and your injuries.
- Exchange contact and insurance information with the other driver.
- Gather contact information from witnesses.
- Receive all recommended medical care to treat your injuries.
- Call a car accident lawyer to learn about your legal options, especially if you suffer severe injuries or meet resistance during the insurance claims process.
Let Our Florida Car Accident Attorneys Help With Your Claim
A Florida personal injury attorney from our team at the Law Offices of Wolf & Pravato can help you file a claim after a car accident, whether seeking PIP coverage or pursuing a claim with the liable party’s insurance company.
We will negotiate with the insurance adjuster on your behalf and fight for a fair settlement. If negotiations stall, we are unafraid of taking your case to court. Contact us today for a free initial consultation and get started on your claim.
