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Can I file a lawsuit if my accident-related injuries exceed my PIP coverage?

All Florida motorists are legally required to have Personal Injury Protection (PIP) insurance as part of their car insurance policy. Under Florida’s “no-fault” law, when an accident occurs between two vehicles, both drivers can file insurance claims under their respective policies, no matter who was at fault for the accident.

PIP insurance covers up to $10,000 of medical expenses, lost wages, and out-of-pocket expenses related to the accident for you and likely any passengers in your vehicle. PIP coverage will take care of 80 percent of your medical expenses and 60 percent of lost wages, and provide up to $5,000 in death benefits.

PIP insurance may be enough to cover injuries and damages stemming from minor accidents, but more serious accidents may cause injuries and damages that exceed a motorist’s PIP coverage. In order to file a claim against the other driver’s insurance for the damages your PIP insurance limits, your injuries must meet the threshold for a serious injury. Under Fla. Stat. Ann. Sec. 627.737, this threshold is met if the accident resulted in a permanent injury, significant or permanent loss of a bodily function, significant or permanent disfigurement or scarring, or death.

If you meet the threshold, you may seek non-economic damages, such as pain and suffering, as well as economic damages exceeding your PIP policy limits, by filing a personal injury suit against the negligent driver or filing a third party claim against their insurer. An attorney in your area can review your case to help determine the best course of action for you to take following an accident.