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"If you have a registered vehicle in Florida, you have probably heard of Florida’s no-fault insurance program (F.S. 627.7407.) However, you may not understand what ‘no-fault’ means. It does not take away a driver’s right to recourse when he/she is in an accident,” says Randall Spivey, Fort Myers accident lawyer.

After an accident, a driver’s own insurance coverage called personal injury protection or PIP pays the medical bills and other financial losses of anyone covered under the policy (up to the policy limits), regardless of who caused the accident. Florida automobile PIP policies provide medical expense and lost wage benefits of $10,000. However, it is very important to remember that you are also entitled to make claims against the other driver and under your own automobile policy for other types of coverage including bodily injury and uninsured motorist coverage. These additional coverages provide coverage for medical expenses that exceed the $10,000 of PIP, past, and future lost wages, and past and future pain and suffering, and other non-economic damages. It is very important to contact an experienced Fort Myers injury lawyer right away to discuss the facts of your accident and to understand all of the coverages that you are eligible for.

PIP benefits more than just the policyholder. The Florida Department of Highway Safety and Motor Vehicles reports PIP coverage also applies to:

• the policyholder's children (not just for crashes that occur in the policyholder's car, but also for injuries that occur while the children are riding on a school bus)
• members of the policyholder's household, and
• most passengers who lack their own PIP insurance (if they don't own a vehicle).

PIP coverage also protects the policyholder while he or she is a passenger in someone else's vehicle and as a pedestrian or bicyclist if struck by a motor vehicle.

Car accidents can often result in permanent pain and other disabilities. You likely will not know how permanent your injuries are immediately after an accident. Getting to an experienced medical provider who specializes in treating accident trauma is the best way to determine what your injuries are, formulate a treatment plan, and address permanent injuries. In Florida, people in a car accident who suffer any type of injury that is permanent, or that causes significant and permanent loss of an important bodily function, or that results in scarring, or that results in death, are entitled to make claims for past and future non-economic damages. Those damages include pain and suffering, disability, disfigurement, mental anguish, and loss of capacity for the enjoyment of life. Those damages are available for the past and the future.

When injuries meet this definition, the victim(s) are not limited to PIP claims under their own policies. They can hold the at-fault driver responsible for the accident in a personal injury lawsuit. Compensation for all categories of non-economic losses, such as pain and suffering, can be pursued.

Florida PIP policies cover:

• Medical: Up to 80 percent of medical costs for emergency medical conditions up to the policy limit if treatment is received by a licensed physician, dentist, hospital, or facility owned by a hospital. Less serious injuries provide up to $2,500.

• Lost wages: PIP policies are required to cover up to 60 percent of lost wages based on the 13 weeks immediately preceding an accident if an injured accident victim lost work due to being too injured or missed for doctor’s appointments or medical procedures which are related to any injuries.

• Death benefits: These benefits include funeral and burial expenses up to $5,000 to qualified survivors.

Florida does not require drivers to carry liability coverage for bodily injury suffered by other drivers, passengers, pedestrians, and bicyclists in an accident caused by a policyholder. Bodily injury liability (BIL) is available for anyone who wants to add it to his/her policy. It is extremely important to always carry bodily injury liability and uninsured/underinsured motorist coverage under your own automobile policy. When you have bodily injury coverage, it protects you or someone driving your car if you cause an accident that results in injury to another person. When you have uninsured/underinsured motorist coverage, it means that you can make a claim under your own automobile policy for uninsured or underinsured motorist benefits when the driver who caused the accident did not carry bodily injury coverage or did not carry enough bodily injury coverage. Always select “stacking” uninsured motorist coverage. Never let the insurance company talk you into selecting “non-stacking” uninsured motorist coverage. Never sign a form rejecting uninsured motorist coverage. Sadly, some insurance companies will allow their insureds to sign forms that say, “You are electing not to purchase certain valuable coverage which protects you and your family.” Never sign a form that has that language. This means you are giving up valuable uninsured motorist coverage benefits that should be always included in your policy. 

Certain vehicles are excluded from the requirement of Florida’s no-fault coverage. These include motorcycles, specialty vehicles for off-road use, and commercial or business vehicles. PIP coverage for a car may cover injuries from accidents when using these vehicles.

“We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. Should you or a loved one be injured in an accident because of the negligence of another, please contact our experienced Fort Myers accident lawyers after seeking medical attention. We have the experience to assist you with any claims. We are available 24/7, and there are no costs or attorney fees until we receive a monetary recovery for you. For more information, please see our Client Commitment and Testimonials on our website,” said Fort Myers Accident Lawyer Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Fort Myers Accident Lawyer Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.