AppId is over the quota
April 27, 2012 /24-7PressRelease/ -- Most states require drivers to purchase insurance that protects them if they injure someone else in a car accident. In many states, drivers must purchase both personal injury protection (PIP) insurance, which covers drivers' own medical bills and lost wages, and bodily injury liability (BIL, or BI) insurance, which protects drivers financially if they cause someone else's injury or death. This is not the case in Florida, one of only two states that do not require mandatory BI coverage.
Florida law requires all motorists to carry only $10,000 in PIP benefits and $10,000 in property damage liability (PD). It does not require drivers to carry bodily injury liability insurance, though certain drivers must purchase BI insurance. Those who can be asked to carry BI coverage include drivers who have too many points on their driving records and those that have been at fault in accidents causing injury. If someone causes an accident, he or she must purchase BI coverage and certify the coverage to the Department of Highway Safety and Motor Vehicles (for three years) through Form SR-22.
What happens if you are injured in an accident caused by someone without BI insurance?
Unfortunately, due to these lax insurance laws, it is possible to be involved in a Florida car accident caused by someone who meets the full requirements of the law but does not carry bodily liability coverage. This is why personal injury protection (PIP) coverage and uninsured motorist (UM) coverage are so important.
Florida UM coverage allows you to directly insure yourself against injuries caused by an uninsured or underinsured driver. UM coverage pays for medical expenses, lost wages, and pain and suffering beyond what is covered by PIP insurance. Furthermore, if a negligent driver has BI insurance but is unable to pay the full amount of your medical expenses, you will be able to collect from your own UM insurance.
Like BI coverage, UM is not mandatory. If you purchase BI insurance, your insurance will include UM coverage equal to your BI coverage unless you elect lower UM limits or reject UM insurance. It is unwise and risky to reject UM coverage or select limited UM coverage in Florida.
Many people will purchase the required $10,000 in PIP and refuse BI and UM coverage in order to keep premiums low. This is a mistake. You never know if you will be injured in a car accident with someone who lacks insurance coverage. Saving a couple of dollars now may mean paying tens of thousands of dollars out-of-pocket in the future, and possible bankruptcy due to unpaid medical bills.
The Florida insurance debate and its impact on accident victims
This year's legislature again failed to enact a mandatory bodily injury liability law and further limited the benefits of personal injury protection coverage. This was another step backward for Florida motorists. Year after year, Florida consumers lose rights under their insurance coverage and do not see meaningful reductions in their premiums. Insurers win, consumers lose--that is the status quo each year in the Florida Legislature.
Among other things changes, the PIP law was limited this year to the detriment of consumers in two very important ways. The first limitation was the adoption of a complex scheme, which will limit all benefits dramatically unless the victim is deemed to have an emergency medical condition that is diagnosed within a limited period of time. If the victim is not diagnosed with a qualifying condition, the $10,000 in available benefits will be limited to just $2,500. It is therefore critical to seek care quickly following a motor vehicle crash--and from the correct type of health care providers--so as not to lose $7,500 in otherwise available medical benefits.
In addition to this complex and confusing scheme, the new law completely excludes massage therapy and acupuncture treatments, some of the most effective forms of treatment for injuries and common pain following motor vehicle crashes. The new PIP law greatly favors insurance companies at the expense of both injured accident victims and honest health care providers trying to help those victims.
We can only hope that the Florida Legislature will someday see the light and quit gutting important consumer benefits in favor of insurance company problems. There may be problems with PIP insurance fraud among a few health care providers, but the coverage is still an important and beneficial program that helps victims get needed treatment for their injuries. In a state without mandatory BI, we must be extra careful with how we handle insurance requirements that cover accident injuries.
How do you protect yourself? Buy UM coverage, PIP insurance without a deductible, and at least $2,000 in Medical Payments Coverage (a voluntary coverage that is supplemental to PIP and provides additional no-fault medical benefits).
Confused about auto insurance? Involved in a Florida accident?
An experienced Florida personal injury attorney can help you determine who is liable for your accident injuries. You may need to bring a claim against your own PIP insurance coverage, the at-fault driver's insurance company and/or your UM/UIM insurance to recover compensation for your medical bills, loss of income, pain and suffering, and other damages.
Article provided by Steven Wingo, Attorney at Law
Visit us at www.stevenwingo.com
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