Insurance and PIP claims
How Florida's no-fault system works in practice, and what happens when coverage runs out or an insurer will not pay.
Does Florida PIP insurance cover my medical bills if I was injured as a passenger on a public bus?
Yes, but public buses are legally exempt from carrying Personal Injury Protection under Florida Statute § 627.736. As an injured bus passenger, medical coverage is pursued through a specific order of priority: 1. Your own motor vehicle insurance policy provides initial PIP benefits of up to $10,000. 2. A resident relative's auto insurance policy provides PIP benefits if you do not own an insured vehicle. 3. If no household PIP policy exists, your private health insurance applies, and you can file a bodily injury negligence claim against the transit entity. The Altman Law Firm helps bus accident victims coordinate these complex insurance sources.
What is Personal Injury Protection (PIP) in Florida?
Personal Injury Protection, or PIP, is a mandatory insurance coverage in Florida that pays for your medical bills and lost wages after a crash, regardless of who caused the accident. Under Florida law, drivers must carry a minimum of $10,000 in PIP coverage. To access these benefits, you must seek medical treatment within 14 days of the accident. If your insurance company denies or underpays your PIP claim, The Altman Law Firm can assist you with a PIP dispute to help you recover the benefits you purchased.
Does Florida Personal Injury Protection (PIP) cover medical treatment if I was injured on a public bus?
Yes, but coverage typically comes from your personal automobile policy rather than the bus agency. Under Florida Statute § 627.732, public transit buses are excluded from the statutory definition of a motor vehicle required to carry PIP coverage. Consequently, if you are injured as a passenger, your primary medical coverage is provided by your own personal auto PIP policy or a resident relative's policy, providing up to $10,000 in immediate medical benefits. If you do not own a vehicle, medical expenses must be sought through health insurance or a direct negligence claim against the transit authority with assistance from The Altman Law Firm.
How much medical coverage does Florida PIP insurance actually provide?
Florida Personal Injury Protection (PIP) insurance, governed by Fla. Stat. § 627.736, provides coverage for up to 80% of all necessary medical expenses and 60% of lost wages, capped at a maximum of $10,000. However, to access the full $10,000 limit, a medical professional must determine that you suffered an Emergency Medical Condition (EMC). If your injury is not deemed an EMC, your PIP medical benefits are capped at $2,500. The Altman Law Firm can help review your medical records and insurance policy, and Jeffrey S. Altman is available to assist you with these complex claims.
Will my own insurance rates go up if I was hit by a distracted driver?
In Florida, your Personal Injury Protection (PIP) insurance covers your initial medical bills regardless of who caused the crash. However, if the other driver's liability is established and they are found at fault, your attorney works to recover damages from their insurance carrier rather than penalizing your record.
Does Florida PIP insurance cover my medical bills if I was hit by a car while riding my bicycle?
Yes. Under Florida Statute § 627.736, Personal Injury Protection (PIP) benefits apply to bicyclists injured in motor vehicle collisions. Coverage is typically accessed in the following order: 1. Your personal auto insurance policy. 2. A resident relative's auto policy if you do not own a vehicle. 3. The striking driver's PIP policy if you lack household auto coverage. PIP covers up to $10,000 for emergency medical treatment and lost wages, provided you receive medical care within 14 days. Jeffrey S. Altman and The Altman Law Firm assist injured riders in navigating policy priorities to pursue all available medical benefits.
What does it mean when an insurance company acts in bad faith in Florida?
In Florida, insurance bad faith occurs when an insurer fails to act in good faith to settle a claim against their insured when they could and should have done so, had they acted fairly and honestly. Under Fla. Stat. § 624.155, insurers have a statutory duty to settle claims in good faith. Common examples include failing to properly investigate a claim or unreasonably delaying payments. If you suspect your insurer is acting in bad faith, The Altman Law Firm and attorney Jeffrey S. Altman can evaluate your case to determine if you have grounds for a bad faith claim.
Can I still recover compensation if my medical bills exceed my Florida PIP limit?
Yes, you can seek additional compensation if your medical bills exceed your PIP limit, but you must meet certain statutory thresholds. Under Fla. Stat. § 627.737, you may pursue a bodily injury liability claim or lawsuit against the at-fault driver if you have sustained a permanent injury. To pursue this: 1. Document all medical expenses exceeding the $10,000 PIP limit. 2. Identify all potential third-party insurance policies. 3. Contact Jeffrey S. Altman at The Altman Law Firm for a consultation to evaluate your legal options for recovering your remaining damages.
What should I do if my insurance company denies my car accident claim?
If your insurance company denies your claim, you should take immediate action to protect your rights. 1. Request a formal, written explanation detailing the specific policy exclusions or reasons for the denial. 2. Gather all relevant documentation, including your medical records, police reports, and correspondence with the insurer. 3. Consult with Jeffrey S. Altman at The Altman Law Firm to review the denial letter. Under Florida law, insurers must handle claims in accordance with fair claims practices, and we can help you evaluate your options for appealing or pursuing legal action.
What happens if the insurance company offers me a settlement right after the accident?
Initial settlement offers from insurance companies are often much lower than what your claim may require. Accepting an early offer typically requires you to sign a release, preventing you from seeking further compensation even if your injuries require surgery or long-term care later. You should never sign documents or accept payments without understanding the full extent of your damages. The Altman Law Firm reviews all settlement offers. Jeffrey S. Altman advocates for compensation that accurately reflects your current and future medical needs.
What happens if the at-fault driver does not have bodily injury insurance?
If the at-fault driver lacks bodily injury liability coverage, you may still have options. You can turn to your own Uninsured or Underinsured Motorist coverage if you purchased it. This policy steps in to cover your medical expenses, lost wages, and pain and suffering up to your policy limits. Florida law does not mandate bodily injury coverage for all drivers, making this coverage crucial. Jeffrey S. Altman at The Altman Law Firm can review your insurance policies to identify available coverage for your recovery.
What should I do if the insurance adjuster calls me after a fall?
You should decline to provide a recorded statement or discuss your injuries until you have spoken with legal counsel. Insurance adjusters often use these conversations to minimize your claim or shift blame onto you. Instead, follow these steps: 1. Ask for the adjuster's name, phone number, and claim number. 2. Politely state that you are seeking legal representation. 3. End the call without discussing the facts of the fall. Directing these communications to Jeffrey S. Altman protects you from inadvertently harming your premises liability claim.
Can I still file a claim if the insurance company blames me for lane-splitting?
Yes, you may still have a viable claim. While Fla. Stat. § 316.209 prohibits operating a motorcycle between lanes of traffic or adjacent lines of vehicles, being cited for lane-splitting does not automatically bar you from recovering compensation. Under Florida's comparative fault system (Fla. Stat. § 768.81), liability can be shared among multiple parties. The Altman Law Firm regularly represents riders facing comparative negligence defenses. Jeffrey S. Altman can review the details of your crash to build a strong case, helping to establish the other driver's share of liability.
What happens if the at-fault driver does not have enough insurance to cover my medical bills?
If the at-fault driver is uninsured or underinsured, you may need to rely on your own Uninsured Motorist (UM) coverage. 1. We review your insurance policy to confirm UM coverage limits. 2. We file a claim with your insurance carrier to cover the remaining medical bills, lost wages, and pain and suffering. 3. If your insurer refuses to pay a fair amount, we can initiate a dispute or litigation. The Altman Law Firm has over 25 years of experience navigating complex UM claims to help clients seek the compensation they need.
An insurance company cannot automatically deny your slip and fall claim solely because of your footwear, though adjusters frequently argue that high heels, sandals, or smooth soles caused the accident. Under Florida's modified comparative fault statute (Fla. Stat. § 768.81), an insurer may assert your footwear contributed to your injuries to reduce compensation. However, business owners still hold a non-delegable duty to maintain safe walking surfaces. Jeffrey S. Altman and The Altman Law Firm examine whether a dangerous property condition was the true cause of your injury, effectively countering attempts by insurance carriers to shift legal blame onto your choice of shoes.
What is the 14-day rule for PIP insurance in Florida?
Under Florida law, specifically Fla. Stat. § 627.736, you must seek medical treatment within 14 days of a motor vehicle accident to qualify for Personal Injury Protection (PIP) benefits. If you do not receive medical care within this 14-day window, your insurance carrier will likely deny your claim. To protect your health and your right to coverage, follow these steps: 1. Seek immediate medical evaluation at an emergency room or with a licensed physician. 2. Obtain a formal diagnosis. 3. Contact The Altman Law Firm so Jeffrey S. Altman can review your policy and help navigate the claims process.
Does Florida PIP insurance cover a bicyclist who is struck by a motor vehicle?
Yes. Under Florida Statute § 627.736, Florida Personal Injury Protection (PIP) insurance covers bicyclists injured in motor vehicle collisions. If you own an insured vehicle, your PIP policy pays 80 percent of reasonable medical expenses and 60 percent of lost wages up to $10,000, provided you seek medical treatment within 14 days of the crash. If you do not own a vehicle, coverage may extend through a resident relative's policy or the at-fault vehicle's PIP coverage. The Altman Law Firm and Jeffrey S. Altman assist injured cyclists with insurance coordination and pursue third-party claims when bicycle accident injuries exceed statutory PIP coverage limits.
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