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How to choose an attorney if your PIP claim is deniedAfter you’re injured in an auto accident, you expect your auto insurance company to help you. In Florida, your personal injury protection (PIP) claim, covered by your auto insurance, should cover the first $2,500 or $10,000 of your auto accident injury expenses. But what if your PIP claim is denied? It’s time to choose an attorney. 

How To Choose a Florida Attorney If Your PIP Claim is Denied 

Florida PIP law requires that insured parties work amicably with a compliant insurer, but it does not prevent them from filing a suit against a negligent insurer. Before taking legal action, make sure your medical provider has filed your documents properly, and that you have attempted to solve the situation with your insurance company already. If you were injured in an auto accident but you haven’t received the PIP payments you deserve, it’s time to find an experienced attorney to demand payment. 

1. The Attorney Knows Florida Car Insurance Cases 

Many Florida auto accident attorneys are experienced in personal injury suits against at-fault drivers, but not as experienced in litigating against auto insurance providers. Often, when PIP insurance doesn’t fully cover the costs of injuries, drivers or passengers may file a suit against the driver who caused the accident. Though this is one method of obtaining the money you need to cover your costs of treatment, a denied PIP claim that isn’t addressed may make a personal injury case more difficult. 

2. The Attorney Understands No-Fault Rules  

If your PIP claim is denied and you believe you have grounds to sue your delinquent auto insurance provider, your attorney should ask for more information. The questions the attorney asks or the information they provide will show if they are experienced with the complicated details of Florida’s no-fault insurance rules. 

Your attorney may ask; 

  • How much, if anything, did your PIP insurance cover? When, if at all, were the funds delivered? 
  • When was your PIP claim filed? By who? 
  • Did you give your insurer information they asked for? 
  • Did your doctor ever write “emergency medical case” on your medical documents? 
  • Did your medical provider send bills to your insurer in a timely manner? 
  • Did you seek treatment within 14 days of your accident? 
  • Is the information you provided to your insurance company accurate? 
  • Was an explanation of benefits (EOB) ever filed? 
  • Did the adjuster provide their reasoning for denying your claim? What were the reasons? 

3. Watch Out For “Settlement Mills” 

Once you work with an attorney, it’s likely your insurance company will settle quickly. In many cases, this is a good outcome. However, if they only provide $2,500 in PIP insurance when you were seriously injured and you are entitled to $10,000, this isn’t a fair settlement. In this case, you need an attorney who is prepared to deny the settlement and continue litigating on your behalf. Some law offices, nicknamed “settlement mills” for the large volume of cases they settle in short time frames, will recommend taking any settlement. To avoid settlement mills, ask what cases your attorney has brought to court and won, and verify the cases they provide. 

4. Ask About Payment 

Before working with an attorney, make sure you know how they will be paid. The attorney may ask for a percent of the awarded amount, or have another form of payment. Keep in mind that your attorney may also represent the hospital or treatment center who provided care, and this may affect payment. Calculate how much you will actually receive before taking on an attorney. 

Many auto insurance companies deliver what they promise--coverage for your medical expenses and speedy payment within 30 days of making a claim. If you’ve had good experiences with your auto insurance in the past, there’s no reason to believe you’ll encounter any problems. But if your insurer is dragging their feet, asking for form upon form, or you PIP claim was denied straightaway, an experienced attorney can help you get fair compensation.


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