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FAQs: What is Personal Injury Protection PIP?

Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome, but relieve the legal burden from your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

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Frequently Asked Questions - What is Personal Injury Protection PIP?

What is Personal Injury Protection PIP?

People who are involved in motor vehicle crashes within the State of Florida frequently ask us, what is Personal Injury Protection (PIP)?  The literal answer is that Personal Injury Protection (PIP) is a type of insurance coverage that is contained within any motor vehicle (auto) insurance policy issued within the State of Florida and is one of only two types of insurance coverages required to be maintained on your motor vehicle under Florida law. The other required type of coverage is Property Damage Liability coverage.  Everyone who owns a “motor vehicle” licensed with/by the State of Florida is required to obtain a motor vehicle insurance policy that contains $10,000 in PIP coverage for payment of medical and disability (lost wage) benefits or $5,000 in Death benefits and $10,000 in Property Damage Liability coverage in order to be able to lawfully drive on the public roads within the State of Florida. The State of Florida is one of many (but certainly not all) states that utilize, for motor vehicle insurance coverage purposes, what is generally referred to as a "No-Fault Law" and PIP insurance coverage is one of the primary components of this type of insurance approach. 

The Florida Motor Vehicle No-Fault Law is codified within Florida Statutes Sections 627.730-627-7405 and its primary purpose is "to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits, for motor vehicles required to be registered in this state, and with respect to motor vehicle accidents, a limitation on the right to claim damages for pain, suffering, mental anguish, and inconvenience."  (emphasis added)

Practically speaking, what all of this means is that if you are a Florida resident and/or own a motor vehicle that is licensed in Florida which is also insured under a motor vehicle insurance policy issued by a carrier (insurance company) operating under Florida law, in the event that you are involved in a motor vehicle crash that occurs within the State of Florida and you are injured and require treatment for those injuries or sustain lost wages related to the crash, regardless of whether you are at fault or the driver of any other vehicle involved in the accident is at fault, you will utilize the PIP coverage contained within your own insurance policy to pay for your accident-related medical treatment and lost wages.  We have many clients who say to us that this does not make any sense. They say, “The crash was not my fault, why should I have to use my own car insurance to pay for my crash-related medical treatment? Why shouldn’t the at-fault driver’s car insurance company have to pay for my medical bills and lost wages?” The answer is that while we can understand why you think that it this law doesn’t seem fair, the Florida Legislature, way back in 1971, decided to change the law in Florida and create the Florida Motor Vehicle No-Fault Law. Since that time through the present, Florida’s No-Fault Law has existed in some form or another and it requires you to use the PIP coverage within your own motor vehicle insurance policy to pay for these types of crash-related expenses. The overall philosophy behind the No-Fault Law in general, and PIP insurance coverage specifically, is to make sure that your medical bills get promptly paid without requiring you to fight with the drivers of any other vehicles involved in your crash (and their insurance companies) about who was at fault for the crash. Those kinds of disputes and disagreements frequently arise after car crashes occur and if the No-Fault law was not in effect, then a lawsuit would then have to be filed to get your medical bills and lost wages paid. Lawsuits take time and money and require attorneys to be involved. The No-Fault law seeks to avoid that problem by mandating that your own car insurance and its PIP coverage, regardless of who is at fault for the crash, will be used to make sure that your accident-related medical bills and lost wages get paid. So, it’s a trade-off and unless and until the legislature changes the law, that’s the way payment of these expenses has to be handled.

Other issues of significance that involve the PIP insurance coverage contained within your insurance policy include the fairly recent requirement that you must seek some type of crash-related medical attention within 14 days of the date of your motor vehicle crash in order to be eligible to receive any PIP coverage benefits contained within your auto insurance policy.  If you do not receive any accident-related medical treatment within 14 days of the date of your motor vehicle crash, then under Florida law you have forfeited your right to have any of your accident-related medical bills paid for by the PIP coverage contained within your Florida motor vehicle insurance policy.  Therefore, this is yet another very important reason for you to promptly seek medical treatment for any injuries or symptoms you have as a result of the motor vehicle crash. Our recommendation, if for no other reason than to avoid losing your entitlement to use insurance coverage that you have paid for, is that you go to a hospital, urgent care facility, or some type of physician or medical/chiropractic provider within 14 days of your crash and get checked out. Be sure to tell them that you were involved in a motor vehicle crash, give them the date and general location of the crash, and if you have pains or symptoms in certain areas of your body that have come on since the crash, tell them about those specific symptoms. If you are not feeling any specific pains, tell them that you just want to get examined so they can see if you have any problems that might have been caused by the crash. Many times, pain and symptoms caused by auto crashes or other types of accidents do not immediately cause pain or symptoms. It may be days or weeks later before you fell anything. But, due to this 14-day treatment requirement under Florida’s PIP law, in our opinion it’s better to be safe than sorry so this how we recommend you handle the situation. Feel free to call or email us, or contact us on the Web, if you’d like to discuss this further.

In addition to the above, there are a number of other things that you need to know if you are involved in a motor vehicle accident within the State of Florida. For instance, the insurance coverage provided under the PIP portion of your motor vehicle insurance policy is generally "primary" over all other sources of insurance, including any health insurance, Medicare, Medicaid, etc.  Therefore, you need to contact your motor vehicle insurance company as soon as possible after your accident occurs to report your accident and to obtain a Claim Number from them as this Claim Number is what you will provide to your medical providers (MPs), including any hospital emergency room that you go to or any chiropractor, orthopedic surgeon, physical therapist or other crash-related medical provider that you may treat with following the crash.  The offices of these MPs will then utilize that claim number and other information they obtain from you to submit your bills directly to your motor vehicle insurance company, which should then pay these bills within 30 days of receipt. It doesn’t always work that way, but that’s the way it’s supposed to work.  Our firm has attorneys who handle PIP claims against insurance companies who fail to pay, or timely pay, for your crash-related bills and lost wages, so feel free to contact us if any problems arise.

Other issues you should be aware of include the fact that the PIP coverage under your motor vehicle insurance policy does not pay for 100 percent of your accident-related medical bills.  Rather, under Florida law, your PIP carrier ( your auto insurance company) is only required to pay 80 percent of the “reasonable amount” of any medical bills associated with any "reasonable and medically necessary medical treatment" that was necessitated by the motor vehicle crash after any PIP deductible contained in your policy is factored in.  There is a Fee Schedule contained within the PIP statutes that is used to help determine what constitutes a “reasonable amount” of medical expense for a given type of treatment. Again, this is a topic that is subject to a fair amount of dispute and therefore a fair amount of litigation. Since the PIP carrier only pays 80% of your “reasonable bill amounts”, the remaining 20 percent is essentially a co-pay percentage that you are personally required to pay. The good news is that this co-pay percentage is an expense that can then be included within any claim that you file against the at-fault party, assuming that the crash itself was not your fault but instead was the fault of the driver of another motor vehicle involved in the crash. This is where Trial Pro comes into play. We can help you recover for these and other types of financial losses and damages that you sustain and also help you obtain compensation for any injuries you incur in the crash that are a result of someone else’s fault.

As previously referenced, your PIP insurance coverage does not only pay for a portion of your auto accident-related medical bills, it can also be used to help pay for a portion of any lost wages or loss of earning capacity that is caused or related to injuries that you receive in the motor vehicle crash.  Under Florida's No-Fault Law, your PIP coverage can be used to pay for 60 percent of any accident-related lost wages that you incur as a result of injuries received in the crash but generally only if you are able to prove that your inability to work was as a result of injuries you received in the crash.  Practically speaking, your auto insurance company will generally require you to have a written "no-work slip" or something similar from one of your treating physicians or a hospital emergency room physician before it will agree to pay you lost wage benefits under the PIP portion of your motor vehicle insurance policy.  This is one of many reasons why we strongly suggest that you seek medical treatment as soon as possible after your motor vehicle crash if you have sustained injuries in the crash that you believe will keep you from going to work or from fully performing any or all of your work responsibilities.    

The amount of PIP coverage required under Florida law is $10,000. While you are allowed to obtain PIP coverage with policy limits higher than $10,000, our experience is that few people do so. Therefore, for most people, once your PIP carrier has paid out its full $10,000 in PIP benefits, then generally speaking your PIP coverage will then be deemed “Exhausted” and you will thereafter have to find some other way to pay for any additional crash-related medical treatment, lost wages or loss of earning capacity that you incur. We invite you to contact Trial Pro to have discussions about whether we can be of assistance to you in this regard as depending on the facts of your crash ( i.e. Who was at fault), the types and amounts of insurance coverages that any other person or entity involved in the crash may have, as well as the other types of insurance coverages you may have under your own auto policy or potentially other types of insurance policies, we may well be able to help you obtain a financial recovery for these types of losses and for your crash-related injuries. Please be aware that in order to be eligible to receive the full $10,000 in PIP benefits, at some point in time after the crash occurs, you must have been deemed to have undergone an “Emergency Medical Condition (EMC)” as a result of the crash by a medical doctor, osteopath, dentist, physician’s assistant or nurse practitioner. If no such medical provider says that your injuries were of a magnitude that you sustained an EMC, then instead of being eligible for the full $10,000 in PIP benefits, that amount will be reduced to $2,500.

Not every motor vehicle that travels on Florida roads is required to have PIP insurance coverage.  For instance, the No-Fault Law contains several vehicle “exclusions”, such as a taxi cabs, school buses, any type of public transit bus, or motorcycles or motor scooters.  Those vehicles are not required to have PIP coverage under their insurance policies. And, with respect to motorcycles or motor scooters, no insurance company will even write a policy on them that includes PIP coverage.  However, with the exception of those specific types of vehicles and perhaps a few others, every other “motor vehicle” licensed within the State of Florida must have a motor vehicle insurance policy that includes $10,000.00 in PIP coverage and $10,000.00 in property damage liability coverage. This does Not mean that every vehicle driven on Florida roads actually contains these coverages, or any coverage for that matter. This is why we strongly suggest that you obtain Uninsured Motorist (UM), Bodily Injury and Collision and Comprehensive coverages within your own auto insurance policy. You do Not want to have to rely upon the other driver/vehicle being properly insured in order to be able to be fairly compensated for any financial damages and/or injuries you sustain in a motor vehicle crash caused by another’s negligence. However, that is a topic for another day, or at least for another article on our website.

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At Trial Pro, our traffic collision attorneys operate on a contingency fee basis. That means we cover the costs of investigating, constructing, negotiating and litigating your lawsuit. We do not bill you anything unless we recover compensation on your behalf. If we do not win your case, you will owe us nothing.

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If you or somebody else you love has been impaired due to someone else's negligence or neglectfulness, you need a renowned attorney by your side who is familiar with the statutes and regulations in Florida.

Our Orlando injury attorneys are experts in personal injury lawsuits and have been acknowledged by our peers for our success. Several of our lawyers have been mentioned as Super Lawyers and distinguished litigators for their success on behalf of our clients.

We have recovered favorable judgments and settlements that contributed in assisting personal injury victims recoup from their injuries, pain and suffering and medical bills, or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your personal injuries.

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With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients. Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

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Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you are unable to travel or adjust your schedule to make it to us. We're more than happy to come to you!

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FL Drivers Involved in Accidents in 2017

Annually millions of americans are injured, in many instances fatally, in car accidents. In 2011 only, more than 2.2 million people were hurt in the estimated 5,338,000 police-reported car accidents and 32,367 killed in traffic accidents involving automobiles, trucks, motorcycles, pedestrians, and bicycles.

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Each Trial Pro attorney and staff member is determined to see your case as far along as necessary to get you every cent that you deserve. Our friendly staff is always accessible to meet or speak with you 24 hours per day, 7 days per week. If you or a loved one has been injured, please call Trial Pro immediately to speak with one of our Florida attorneys today. Remember, don't just hire any attorney, hire a Trial Pro!

Piercy Stakelum Personal Injury Attorney

Piercy Stakelum

Senior Attorney

Piercy Stakelum, originally from New Orleans, Louisiana, is the senior attorney at Trial Pro., P.A. Mr. Stakelum carries a zealous nature and his motor is fighting for those who have been compromised. Ask him what his heart yearns for and he’ll summarize it in one word: justice.

Andy Rariden Personal Injury Attorney

Andy Rariden

Senior Attorney

Andy Rariden is a leading civil trial lawyer that adds to the collective legal expertise at Trial Pro, P.A. Although he is originally from Charleston, S.C., Mr. Rariden was raised in Florida. He carries over 20 years of civil trial experience and is committed to defending each of his clients.

Brian Davis Personal Injury Attorney

Brian Davis

Senior Attorney

Mr. Davis has built up over two decades of extensive experience trying and disputing cases for clients. Over time, the proficient lawyer has handled a wide range of cases, obtaining successes in lawsuits involving car accidents, medical malpractice, and more.

Don Williams Personal Injury Attorney

Don Williams

Senior Attorney

A native of Orlando, Don Williams has provided commitment and dedicated legal representation to clients throughout the area. The proficient attorney has a keen heart for helping others which is one among many attributes that distinguish him as a leader.

Tyler Nicoll Personal Injury Attorney

Tyler Nicoll

Senior Attorney

Born in Ohio, Tyler Nicoll is a dedicated personal injury attorney and an integral part of the Trial Pro, P.A. team. Mr. Nicoll was raised in Coral Springs, Florida. Mr. Nicoll's primary areas of practice include personal injury accidents, overtime disputes and other related matters.

Mike Davis Personal Injury Attorney

Mike Davis

Senior Attorney

Mike Davis holds over twenty years of professional legal experience under his belt and he is always ready to utilize it in favor of his clients. He is an established professional in the industry, uniquely qualified to provide legal counsel to individuals who have been compromised.

Steve Johnson Personal Injury Attorney

Steve Johnson

Senior Attorney

At the beginning of Steve Johnson's legal career, he advocated for clients such as General Motors and Ford Company. As time went by, the attorney realized he held a special interest for insurance disputes and decided to join the team of Trial Pro law professionals.

Marc Williams Personal Injury Attorney

Marc Williams

Senior Attorney

Marc Williams is an invaluable member of Trial Pro. P.A., dedicated to handling first party insurance claims arising out of Southwest Florida. He has been recognized as a professional in the field, becoming a recipient of the Florida Academy of Trial Lawyers Bronze Eagle Award.

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Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you at every degree. Our vow is to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or any other place that you find more convenient. You are always welcome to come into our office as well.

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The Trial Pro, P.A. attorneys carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured as a result of car accidents, slip-and-fall, workers comp’ cases and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

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Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

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Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

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At Trial Pro, P.A. We're expert Personal Injury Attorneys. Our trial lawyers in Fort Myers specialize in all types of personal injury claims. Trial Pro, P.A. was founded in 2001 and has grown to include five class A offices across Florida staffed with expert personal injury lawyers and support teams. Trial Pro and its expert Personal Injury Attorneys have been selected to Best Law Firms in America, Lawyers of Distinction, America's Top One Percent, Top 100 U.S. Law Firms, The National Trial Lawyers Top 100 Trial Lawyers, The Million Dollar Advocates Forum, and received many more distinctions and awards.

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At Trial Pro, we don't sit back, cross our fingers, and hope for our case to settle. Our Personal Injury Attorneys in Naples aggressively bring the fight to the insurance company. We'll leave no stone unturned in our effort to maximize the value of your case because we know that the only number that matters to you is the amount of money that you get in your pocket at the end. We fight for your harms, losses, pain, suffering, inability to enjoy life, disability, inconvenience, lost earnings, mental anguish, scarring, medical bills, and so much more. We understand how your injuries affect you and your family. We'll work hard for a fast recovery for you. But getting you the right money is much more important that just getting you fast money.

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While Trial Pro has the resources to fight the biggest companies, we're not a law factory and you're not "just another number." Our expert Personal Injury Attorneys in Tampa are much more than experienced, aggressive personal injury specialists. We're advocates for our clients in Tampa. We care deeply about you and your recovery, which is why the majority of our clients are referred to us by former clients, doctors, and other attorneys.

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What Our Clients Say About Our Personal Injury Attorneys

Former Trial Pro, P.A. clients constantly testify of how happy they were when we resolved their case. This is our main priority – to go above and beyond their expectations. Yes, we measure our success by the number of court victories we’ve attained. However, we also measure effectiveness by our clients’ satisfaction and experience with Trial Pro, P.A. Most of them come from other firms feeling ignored and rejected. When they transfer over to us, we work hard to radically change their situation and win their litigation case.
If you are in one of these former clients’ shoes and find yourself strongly dissatisfied with your current car accident attorney or firm, we want to represent you!
Our injury attorneys are always happy to answer any questions you may have and inform you about the experience we provide.

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I would definitely come back to Trial Pro, because I can't even tell you the great experience I had. The comfort and the sense of the putting me at peace is priceless.

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I never really felt uneducated, or out of the loop which was key for me because I wanted to know it was going the right way, and it was.

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When we switched over to Trial Pro, I felt as if my voice was heard. I felt as if the person who was taking care of my case really understood me, and understood my needs.

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The Trial Pro, P.A. reputable attorneys genuinely care about their clients. They don’t see them as just another number or face. Neither are they more interested in money than obtaining quality results. Our attorneys are honest, compassionate and work hard to go above and beyond expectations.

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I was hesitant to bring my case to an attorney. Trial Pro, P.A. showed me nothing but integrity and professionalism.

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Trial Pro, P.A. guided me carefully through my case and constantly kept me informed. I was astounded by the attorneys’ aggressive way of fighting.

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I’ve partnered with this reputable law firm for legal representation two times and both instances were victorious. Trial Pro P.A’s chief attorney, Piercy Stakelum, always took the time to sit with me and provide undivided attention.

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All of the attorneys were truly attentive to my needs and the representation they provided surpassed my expectations. It was top-notch.

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At no point I felt nervous for no reason my attorney was there all the time to suppoert me. Thank You Trial Pro, P.A.

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The transition was beautiful! I didn't have to do anything just sign and Trial Pro took care of everything for me.

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When we switched over to Trial Pro, I felt as if my voice was heard. I felt as if the person who was taking care of my case really understood me, and understood my needs.

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Our main priority is our clients’ healing and recovery process. While you focus on getting better, we focus on achieving quality results and obtaining victory for your car or truck accident lawsuit. Our attorneys carry over 100+ years of collective legal experience and have represented thousands of clients. We’ve also acquired millions of dollars in compensation on their behalf.

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Florida Personal Injury Lawyers with Best Results

A car accident can be scary and frustrating. When you experience a personal injury accident, the last thing you need on your plate is a law firm that can’t rightfully represent you. If your attorney’s firm is too small and consequently, it is getting pushed around, it’s time to reconsider your choice of legal representation. On the other hand, you do not want to have a fully loaded firm that is too busy to give you a call. The trial attorney’s at Trial Pro, P.A. carry credibility and reputation. We don’t ignore our clients or skip phone calls. Neither are we controlled by insurance companies.
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When you need expert legal counsel for your case, turn to the firm that has more than a century of collective legal experience and insight. At Trial Pro, P.A., we have put that experience to good use, advocating for thousands of clients over the years. In that time, our team has obtained millions of dollars in verdicts and settlements. As seasoned Florida personal injury lawyers and wage and hour attorneys, we know how to handle a comprehensive range of legal matters.

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Ever since 2001, the practice has held an exceedingly significant track record of successes. Every year, our reputable law firm is awarded for its impressive mark in the legal field. Trial Pro, P.A. has been recognized by Lawyers of Distinction, Florida Justice Association, Better Business Bureau (BBB) and more. Chief attorney Piercy Stakelum is a proud member of The National Trial Lawyers Top 100, an invitation-only organization compromised of highly regarded and credible lawyers. Trial Pro, P.A. has also been acknowledged by Super Lawyers. They recognize outstanding lawyers who have acquired exceptional professional achievement.

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ATTORNEYS PROUDLY SERVING THE INJURED AND THEIR FAMILIES

Trial Pro, P.A. is a proud advocate for personal injury clients throughout the State of Florida. The DNA and foundation of our law firm is passion. While we are passionate about the law, we are even more zealous about fighting for those who have been hurt due to the negligence of others. Our trial attorneys fully embrace authenticity and integrity. With over 100+ years of collective legal experience, our reputable law firm has become a trusted choice for injured individuals. Trial Pro, P.A. has a remarkable reputation for winning. After experiencing a car accident, the last thing you desire is to have an attorney that doesn't know how to adequately represent you. You want a trustworthy and reliable law firm that will walk you through every step of your case. You want a group of attorneys that will pursue justice on your behalf and acquire the maximum compensation. At Trial Pro, P.A., we don't see you as just another case number on our list. We don't turn our backs on you half-way throughout the process. Our former clients can testify that they've truly experienced the Trial Pro, P.A. difference. Quite frankly, most of them have pursued our representation because of others that have recommended us. There are a handful of characteristics that distinguish us from other lawyers but our credibility is the best one amongst all.

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Expering a car accident can be frustrating and scary but our promises to you are fully authentic. Trial Pro, P.A.'s personal injury legal attorneys do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

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You shouldn't have to beg for a call back from your attorney. You shouldn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claim. If we miss a call, we promise to always return it.

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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.