Why You Need to Start With a PIP Claim After a Truck Accident in Florida
Were you involved in a truck crash in South Florida? If you suffered an injury in the collision, it is crucial that you know that your initial claim is always your Personal Injury Protection (PIP) claim. At Pike & Lustig, LLP, we have the experience needed to take on both PIP claims and fault-based truck accident injury claims. In this article, our West Palm Beach semi-truck accident attorney explains why you need to start with a PIP claim after a crash in Florida.
Why You Need to Start With a PIP Claim After a Truck Accident in Florida
Florida is a no-fault motor vehicle insurance state. To be clear, that rule applies even when the collision involves a commercial tractor trailer. If you suffer injuries in a truck crash in South Florida, your first source of recovery is not the trucking company. It is your own Personal Injury Protection (PIP) coverage. The governing statute is Florida Statutes § 627.736. Notably, PIP coverage is mandatory for owners of motor vehicles required to be registered in Florida. The statute requires insurers to provide up to $10,000 in medical and disability benefits, subject to statutory limitations. You need to start with your PIP coverage after a truck accident in South Florida.
PIP Is the Primary Source of Immediate Medical Payment
PIP operates as primary coverage for medical expenses arising out of the ownership, maintenance, or use of a motor vehicle. After a truck accident, your medical providers bill your PIP carrier first. The carrier must pay 80 percent of reasonable medical expenses and 60 percent of lost wages (up to the policy limits). For example, if you incur $5,000 in covered medical treatment in a commercial truck accident in Florida, PIP pays $4,000.
The Fourteen-Day Rule is Strict (PIP Claims in Florida)
Florida law imposes a fourteen-day treatment requirement. You must receive initial medical services and care within fourteen days of the accident to qualify for PIP benefits. Failure to comply bars recovery of PIP benefits entirely. Additionally, full $10,000 PIP benefits are available only if a medical provider determines that you sustained an Emergency Medical Condition. Without that determination, benefits are capped at $2,500.
You Cannot Bypass PIP Even in Severe Truck Crashes
Many injured victims assume that because a commercial truck caused the crash, they can immediately pursue the carrier’s liability insurer. Florida’s no-fault structure does not permit that shortcut. In other words, you must exhaust or account for PIP benefits before seeking recovery of overlapping economic damages from the at-fault party. PIP operates as the first layer of compensation. Though if you suffered a serious injury in a truck accident in Florida, you can still file a fault-based personal injury claim in addition to your no-fault claim.
Speak to Our West Palm Beach Truck Accident Lawyer Today
At Pike & Lustig, LLP, our West Palm Beach truck accident attorney goes above and beyond for injured victims. If you have any questions or concerns about the PIP process, we are here to help. Call us now or contact us online for your no cost, no obligation case review. We handle truck accident PIP cases throughout all of South Florida.
