PIP -Personal Injury Protection - Auto - No Fault

Question 1

Main Element of Law

Answer 1

1) Comply with lar, not liable of injuries to others, regardless of fault
2) One may not seek damages against other for bodily injuries - 1st party coverage for economic damages
3) Law requires PIP by owners of qualifies autos
4) BI claims only, NO PD

Question 2

Defined motor vehicle

Answer 2

4 or more wheels, designed and required to be licensed for road use and trailers used with same

Question 3

Not defined motor vehicles

Answer 3

Govt owned mass transit, mobile homes

Question 4

Defined motor vehicles that do not have to purchase PIP

Answer 4

taxicabs, limos, public school buses

Question 5

Owners of Motor Vehicles

Answer 5

1) One who holds legal title
2) Debtor in possession
3) Lease (lessee) of 6+ months
4) Lease (lessee) with option to purchase

Question 6

Non-Residents

Answer 6

• Comply if defined motor vehicle is in FL 90 days of preceding 365 non-consecutively
• PIP available from FL Defined Motor Vehicles if occupying in FL
• No PIP coverage if struck by a Defined Motor Vehicle as a pedestrian

Question 7

Penalties

Answer 7

1 - Owner is denied immunities from legal liability granted by this law
2 - Owner is personally liable for benefits
3 - Owner’s driver license & registration subject to suspension

Question 8

PIP Benefits

Answer 8

• 80% medical benefits, must receive intitail treatment within 14 days; no massage or accupuncture allowed
• 60% work loss benefits
• 100% replacement of household services (services performed by others)
• Up to $5,000 death benefits
• $10,000 Max total benefits for emergency medical condition per person/ per accident and $2,500 when not emergency medical condition

Question 9

What is important to remember about PIP?

Answer 9

PIP is PRIMARY against all forms of medical/ disability insurance, EXCEPT workers comp (PIP is excess)

Question 10

Who is covered in PIP?

Answer 10

Benefits follows the insured

NI and family members

Question 11

PIP Exclusions

Answer 11

1) Occupying owned vehicle, not insured
2) out of state/out of car/ out of coverage
3) Intentional act
4) Person operating insured motor vehicle without insured’s permisson
5) Work Loss Benefits may be excluded - premium deduction - retirees on social security may consider

Question 12

Recovery

Answer 12

Injured party has right to legal action for the % of economic loss of insured not paid by designated law benefits

Question 13

Tort Immunity

Answer 13

Follows the vehicle; relief for persons who have suffered harm from the wrongful acts of others

Question 14

Tort Exemption

Answer 14

Insured is exempt from legal liability to extent PIP is paid; cant be sued for non-economic losses

Question 15

Non-Economic Damages

aka: INTANGIBLE DAMAGES

Answer 15

pain & suffering, mental anguish and inconvenience

Question 16

Deductible Claim

Answer 16

Loss - (Deductible X %) = Recovery

Deductible does not reduce $10,000 limit.
Ded is recoverable from at-fault party.
Insureds may elect that the Ded applies to “Insureds only” or “Insured and residing dependents only”

Question 17

PIP Endorsements

Answer 17

Extended PIP
Additional PIP
Extended/ Additional PIP

Question 18

Extended PIP

Answer 18

increased % only; NO INCREASE IN DEATH BENEFIT

ex) 80% -> 100%

Question 19

Additional PIP

Answer 19

increases $dollar$ limit only; NO INCREASE IN DEATH BENEFIT

EX) $10,00 -> $25,000+

Question 20

Extended PIP/ Additional PIP

Answer 20

Coverage modifications apply to NI and family members ONLY

Question 21

No fault law

Answer 21

owner of defined motor vehicle must purchase PIP