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Tag Archives: PIP

BICYCLE V. AUTOMOBILE ACCIDENTS AND INSURANCE

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RLDBicycle accidents and the automobile insurance that may cover you.

By: Renee L. Dial, Esquire

Last week’s article included a couple of statutes regarding bicycle regulations.  In this article I will discuss insurance that can potentially provide you coverage in the unfortunate even you are involved in a bicycle v. automobile accident.

First, personal injury protection coverage (PIP), that you hear so much about the 14 day rule, may provide coverage if you are injured by an automobile regardless if the bicycle accident is your fault.  You must seek medical assistance within 14 days of the accident or you may lose valuable benefits.  If you own a vehicle with this coverage you can seek benefits from your automobile insurance carrier.  If you do not own a vehicle and live with a resident relative you may be able to claim benefits under that policy of insurance.  Now, if you do not own a vehicle and do not live with a resident relative you can file a claim for PIP benefits under the automobile driver’s policy of insurance.  PIP benefits are for medical and lost wages so a bodily injury (BI) or pain and suffering claim will have to be made against the at-fault driver’s insurance.  If BI insurance is not available then you can seek coverage under a UM policy of insurance.

The next insurance that may provide you coverage is uninsured or underinsured motorist insurance.  This is coverage purchased by you or a family member, if you are living in their household that may provide insurance in the event the driver did not have BI coverage or only carried minimal BI policy limits.  UM insurance is best if it is stacked UM coverage.  Stacked coverage multiplies the number of vehicles on the policy by the amount of insurance.  So if you have a $100,000 policy, elect stacked UM coverage, and have three vehicles, the potential UM coverage is $300,000.

If you or a family member are ever involved in a bicycle v. automobile accident look to your auto insurance for potential insurance coverage.  Available insurance and the facts of the accident will determine what coverage will be available and without knowing the facts it is hard to determine so please contact an attorney to review the facts and potential insurances that may provide benefits.

These are all reasons to call and have questions answered by an attorney that understands bicycle accidentsautomobile and motorcycle accidents in MelbournePalm BayPatrick Air Force BaseCocoa, and the beaches. If you have any questions regarding insurance coverage and auto or motorcycle accidents please do not hesitate to contact Renee L. Dial or another DKN Legal attorney at (321) 329-5449.  Press 4 for new clients.

FLORIDA'S PIP LAW

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RLDFlorida’s PIP Law and what you need to know.

By: Renee L. Dial, Esq.

Florida law requires vehicle owners to carry Personal Injury Protection (PIP) and Liability insurance.  The PIP is the no fault portion of Florida’s law.   PIP is supposed to facilitate a person injured in a motor vehicle accident to be able to get medical care and treatment.  PIP typically covers 80% of an injured person’s medical bills up the limits of the policy, usually $10,000.  The injured party is then responsible for the remaining 20% even though they did not cause the accident.

The insurance company for the defendant driver will typically request that you give them a signed authorization so they can request medical bills and records in order to assist you with your claim.  Of course the adjuster will be as charming as possible and will seem very concerned about your well-being and paying your medical bills.  Some insurance companies will even show up at your house to give you a check for several thousand dollars and ask you to sign a release and that they are sorry for your troubles.  What you have to determine is whether they are really on your side.

The new Florida PIP law: Fla. Stat. 627.736

“Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident. . .“

Most persons injured in an accident hope that the aches and pains will subside on their own.  They go to work and take over the counter medication to keep the pain in check.  Later they find out that the ache in their back is a herniated disk caused by the accident and their healthcare insurance is asking them if the injury is related to an auto accident.  Depending on your health insurance you may be responsible for reimbursing your health insurance company for paying any medical bills that paid on your behalf.

These are all reasons to call and have questions answered by an attorney that understands automobile and motorcycle accidents in Melbourne, Palm Bay, Patrick Air Force Base, Cocoa, and the beaches. If you have any questions regarding insurance coverage and auto or motorcycle accidents please do not hesitate to call DKN Legal at (321) 329-5449 and press 4 for new clients.