Practice Areas

• Car and Motorcycle Accidents
• DUI and Criminal Defense
• Big Truck Accidents
• Medical Malpractice
• Serious Injuries:
  Slip and Fall | Dog Bites

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Frequently Asked Questions

Q: How do I get my medical bills paid, my lost wages recovered, and my vehicle fixed?

A: Typically the at- fault driver pays for the repair costs to your vehicle and your PIP coverage pays for your medical bills and lost wages. Here is how it works:

• Under Florida law, car owners and drivers are required to have personal injury protection (PIP) for cars and trucks in the amount of $10,000. In Florida, your PIP benefits are paid by your own insurance company, regardless of who was at fault in the accident… this is why Florida is called a “no-fault” insurance state. 
• PIP insurance pays 80% of your medical bills and 60% of your lost wages, up to $10,000.  This means, you have to recover the rest of your out of pocket expenses from the person that caused the accident.

• You are also required to have $10,000 of property damage insurance to pay for the damage to the other person’s vehicle if you are at fault.
• You can collect 100% of your property damage to your car or truck from the person that caused the accident.
  

• The Property Claims Adjuster:  It is their job to determine the amount of money they will pay to get your vehicle fixed or if it should be totaled.
• The PIP Adjuster:  It is their job to get your medical bills and lost wages paid as described above.
• The Bodily Injury Claims Adjuster (or Uninsured Motorist Claims Adjuster):  It is their job to pay for all out of pocket expenses for past and future medical bills, lost wages, and compensation for pain and suffering.
  

• The person that caused the accident may not have anything but the minimum insurance coverage required by Florida law.  Although you have a right to sue the person for your damages, Florida law provides extensive protection to debtors and in most cases you will never see a penny from the other person.  In most cases, the only way to collect your damages is if the at fault driver has adequate insurance or if you have purchased uninsured motorist coverage to protect yourself in these circumstances. 

• The damage to your vehicle exceeds the $10,000 of property damage coverage the other driver is required to purchase.  The only way to collect on property damage above the $10,000 is if you have purchased collision insurance coverage.
• You owe more on your car or truck loan than the vehicle is worth. This is called being “upside down” on a loan.  For example, if you owe $20,000 on your car loan, but the fair market value of your car is only $15,000, you have to pay the $5,000 difference out of your pocket, even though the other person was at fault.  The only way to avoid this is to have purchased something known as “Gap” insurance.
• Your doctor may require you to pay the 20% not paid by your PIP insurance out of your own pocket.  The best way to protect yourself is to also purchase at least $5,000 worth of automobile medical payments coverage.
• You can not immediately (and may never) collect the remaining 40% of your lost wages that are not covered by your PIP insurance.  You can also buy extended coverage from your own insurance company.
  

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