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Can I receive a qick settlement from p.i.p. insurance with the new law in Florida?

Plant City, FL |

I was in a auto accident last sunday. I was a passenger. The driver that hit us is at fault,but only has p.i.p. insurance. I have seen a chiropractor twice. I do have injuries, however I do not want to see the massage therapist for the next four to five months. Can I receive a quick settlement from the at fault drivers insurance company, with the new p.i.p. law ?

Attorney Answers 5


  1. You should follow your doctors advice to ensure your reach the maximum medical improvement. Why would you want a quick settlement, you should want a fair settlement. Inurance companies are not very likely to give you anything even close to a fair offer if you try to settle by yourself. Many times, injury victims have tried to do it themselves only to find that they need a lawyer… by that time a lot of damage has typically been done. So in short… get a local lawyer that has experience in personal injury lawsuits.

    This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.


  2. Quick settlements are possible. However, you will not receive a settlement from the adverse drivers pip insurance. That only pays benefits to adverse driver, not you. You will need to go after the adverse drivers assets, or look to the insurance coverage of the vehicle in which you were traveling in. Also, if you own a vehicle with uninsured motorist coverage then you are covered. If you have bodily injury coverage on your vehicle and your insurance company can't find certain signed forms rejecting uninsured motorist coverage then you are also covered. Good luck.


  3. I say this is a nice way... you've got it all wrong. Did you have insurance? If so, it is actually your PIP that would apply. Florida law makes our own insurance primary for the first $10,000 in medical bills or lost wages. If you were the passenger and didn't have PIP, the driver's PIP would apply. The "new PIP law" hasn't really become effective yet and doesn't change things in this case. Despite all of the misleading ads on TV, you don't really "settle" PIP claims. If you want to go to the doctor, you do and it's covered. If you have lost wage or mileage claims, you submit them and they are paid (potentially less the deductible). They do not "PAY" you to go away and not claim anything under PIP.

    Pain & Suffering and future medical treatment and the like is settled out of Bodily Injury Insurance. If the driver did not have it and YOU do not have what is called UM/UIM/uninsured/UnderInsured Motorist Insurance, then I am sorry to tell you there will be nothing to settle with any insurance company. Your only option would be to sue the driver personally. One other person who may be liable and have insurance is the owner.

    Another point of warning- quick settlements are never good, specifically after one week. Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time.

    All of these reasons - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- jmp@knowthelawyer.com.

    Please CLICK the button if I HELPED or was BEST ANSWER. We also answer your questions on facebook- www.facebook.com/knowthelawyer, on twitter- @athleticslawyer and our radio show, Courts & Sports, on WOKV. Please like or follow us. No attorney-client relationship is established and responses here are general first impressions. You should consult with a lawyer about your problems. More about our firm is located at www.knowthelawyer.com.


  4. There are multiple possible sources of compensation, the driver of the car that you were in, the other driver, and your own insurance. Retain a personal injury lawyer to explore all avenues.

    The answer does not create an attorney-client relationship and is for informational purposes only.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102
    215-510-6755
    http://www.InjuryLawyerPhiladelphia.com

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. Couple things:
    1) in Florida you use your PIP, not the other drivers.
    2) "settlements" come from claims for injuries, which are made for example to BI and UM carriers, not PIP?
    3) PIP pays the medical provider directly and only for those bills they deem fall within the guidelines for care and coverage related to your case.
    4) the only claim you could possibly have against your own PIP carrier, where they would pay you, is to submit a loss wage claim. They will pay you 60% of the claim, provided benefits still exist.
    5). And this is the most important, if you are injured go see a lawyer - handling this stuff on your own is a very poor idea. What's worse, anything "quick" with an insurance company will usually be awful. You need to make a decision about your care. If your body is important enough for you to continue treatment, do so with an attorney.