Understanding PIP Coverage for Pedestrian Accident Victims in Florida

If you’ve recently been struck by a car while walking, you may find yourself navigating a complex web of insurance and legal terms. As a pedestrian accident victim in Florida, especially if you own a car with Personal Injury Protection (PIP) coverage, it’s essential to understand how your PIP policy can apply to your situation. In this blog, we will explore Florida Statute 627.736 and clarify why your PIP coverage kicks in to cover injuries sustained as a pedestrian.

What is PIP Coverage?

Personal Injury Protection (PIP) is a form of no-fault insurance required in Florida. It covers medical expenses, lost wages, and other damages resulting from car accidents, regardless of who was at fault. While most people associate PIP with automobile accidents, its applicability extends beyond that, especially when it comes to pedestrian injuries.

The Basics of Florida Statute 627.736

Florida Statute 627.736 specifically outlines the coverage provided under PIP. It states that PIP coverage is mandatory for all registered motor vehicles in the state and applies to injuries sustained in a motor vehicle accident. Importantly, the statute also clarifies that PIP benefits are available to not only the policyholder but also to any household member, passenger, and even pedestrians struck by a vehicle insured under the PIP policy.

PIP Coverage for Pedestrian Accidents

One of the most confusing aspects of PIP coverage for pedestrian accident victims is understanding why their coverage applies even when they are not inside a vehicle at the time of the accident. Here are some key reasons:

• Legal Definition of a “Motor Vehicle Accident”: According to Florida law, a “motor vehicle accident” encompasses any incident involving a vehicle that results in injury, regardless of whether the injured party was a driver, passenger, or pedestrian. Therefore, if you were struck by a car while walking, your PIP coverage should activate.
• Owner’s PIP Coverage Applies: If you own a car and have a PIP policy, your own insurance will be primary to provide benefits even if you were not in your vehicle at the time of the accident. If you do not own a vehicle with active PIP coverage or live with a resident relative that does, then you will qualify for PIP benefits under the insurance policy of the at-fault driver.
• Broad Interpretation of “Injured Party”: The statute is designed to protect all individuals affected by motor vehicle accidents. This inclusive approach aims to ensure that pedestrians, who are often the most vulnerable road users, receive necessary medical and financial support after an accident.

Why Your PIP Coverage is Crucial

Having PIP coverage can significantly impact your recovery after being injured as a pedestrian. Here are some benefits you may receive:

• Medical Expenses: PIP can cover up to 80% of your medical expenses related to the accident, including hospital bills, rehabilitation, and any necessary medical equipment. This can alleviate the financial burden during a challenging time.
• Lost Wages: If your injuries prevent you from working, PIP may cover a portion of your lost wages. This feature is particularly valuable for those who rely on their income to support themselves and their families.
• Death Benefits: In the unfortunate event of a fatality resulting from a pedestrian accident, PIP provides death benefits to the deceased’s family, ensuring they receive some financial support during a traumatic time.

Steps to Take After a Pedestrian Accident

If you’ve been struck by a vehicle, it’s crucial to take specific steps to ensure you receive the benefits you’re entitled to:

• Seek Medical Attention: Your health is the top priority. Visit a healthcare provider as soon as possible to assess your injuries, even if they seem minor.
• Report the Accident: File a police report, as this can serve as vital documentation for your insurance claim.
• Notify Your Insurance Company: Contact your insurance provider to report the accident. Provide them with details, including the police report number and any medical records you have.
• Keep Records: Maintain detailed records of all medical treatments, bills, and lost wages. This information will be crucial when filing your claim.
• Consult an Attorney: Consider seeking legal advice, especially if you face challenges with your insurance claim. An experienced personal injury attorney can help you navigate the complexities of the legal system and ensure you receive fair compensation.

Common Misconceptions About PIP Coverage

There are several misconceptions regarding PIP coverage that can lead to confusion for pedestrian accident victims:

• “I Wasn’t in a Car, So My PIP Doesn’t Apply”: As discussed, PIP coverage does extend to injuries sustained as a pedestrian, provided you have an active policy.
• “I Can’t Use PIP If the Driver Was At Fault”: Florida’s no-fault insurance system means that fault is not considered when accessing PIP benefits. Your coverage is available regardless of the other party’s liability.
• “PIP Will Cover All My Damages”: While PIP covers a significant portion of medical expenses and lost wages, it may not cover all costs associated with your injury. Depending on the severity of your injuries, you might want to explore additional avenues for compensation, especially if your injuries are severe or permanent.

Conclusion

Understanding how PIP coverage works in Florida, especially in the context of pedestrian accidents, is crucial for victims trying to navigate recovery. Under Florida Statute 627.736, your PIP policy can provide vital support in covering medical expenses and lost wages, ensuring that you are not left to bear the burden alone.

If you’ve been injured as a pedestrian, remember that your PIP insurance is there for you. Seek medical treatment, report the accident, and don’t hesitate to reach out to your insurance provider for assistance. With the right information and support, you can focus on your recovery while ensuring your financial well-being during this challenging time.

If you are injured in an accident, call Jaime “Mr. 786Abogado” Suarez today to Get You Paid!