After a car accident in Miami, you quickly learn that Florida is a “No-Fault” insurance state. You are told to use your own Personal Injury Protection (PIP) coverage to pay your bills, regardless of who caused the crash.
But here is the terrifying reality many of our clients face: Under Florida Statute § 627.736, your PIP only covers 80% of your medical bills up to a total of $10,000.
If you have been taken by ambulance to Jackson Memorial or Baptist Hospital, had CT scans, or require physical therapy, that $10,000 can vanish in a matter of days.
So, what happens when your bills exceed $10,000, your car is totaled, and you are too hurt to return to work? This is the exact moment you need a knowledgeable car accident attorney in Miami to step in and find you more coverage.
The $10,000 Problem (and the Solution)
Insurance adjusters love it when injury victims think PIP is their only option. It saves them money.
However, Florida law allows you to step outside of the no-fault system and sue the at-fault driver for additional damages if your injuries are severe enough. This is how you recover money for pain and suffering, future medical needs, and lost income beyond what PIP covers.
To do this, you must meet the legal standard found in Florida Statute § 627.737, known as the “permanent injury threshold.”
What Counts as a “Serious Injury” to Get More Money?
To get past the PIP limit and access real compensation from the other driver’s insurance, we need to prove your injuries will have long-lasting effects.
According to § 627.737(2), you may recover damages for pain, suffering, and mental anguish if your injury consists of:
- Significant and permanent loss of an important bodily function.
- Permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
- Death.
While every case is different, injuries that often meet this threshold include broken bones, injuries requiring surgery, or permanent damage to your back, neck, or spine (like herniated discs confirmed by an MRI).
If you have these types of injuries, a $10,000 PIP payout is not enough. You deserve compensation for how this crash has changed your life.
Why You Need a Miami Auto Accident Attorney
The at-fault driver’s insurance company will do everything possible to argue that your injuries aren’t “permanent.” They will try to downplay your pain to keep you trapped in the low-paying PIP system.
This is why having a skilled Miami auto accident attorney is critical. At The Law Offices of Jose M. Francisco, we know how to fight back. We work with medical experts to document the true extent of your injuries and prove that you meet the statutory requirements for a larger settlement.
Don’t let an insurance company tell you that $10,000 is all your health is worth.
If you were hurt in a car wreck in South Florida, contact us today. Our trusted car accident attorneys in Miami will review your case for free, and we only get paid if we recover money for you.
Recommended Reading:
How Much Money Can You Get for Your Car Accident Injuries in Miami?
How Long Do You Have to File a Claim after a Car Accident Injury in Florida?
