Pedestrian accidents often result in serious injuries due to the lack of physical protection for those on foot. Florida’s Personal Injury Protection (PIP) insurance can provide an essential financial safety net for injured pedestrians, helping cover medical expenses and lost wages after an accident. However, there are limits to what PIP covers, and understanding how it works is critical for protecting your rights and securing additional compensation if needed.
At FGB Law, our experienced attorneys have helped countless pedestrian accident victims in Port Charlotte navigate Florida’s no-fault insurance system and explore options for recovering damages beyond PIP coverage. This guide explains how PIP works for pedestrians and what steps to take if your injuries exceed coverage limits.
What Is PIP Insurance?
Personal Injury Protection (PIP) is part of Florida’s no-fault insurance system. It is designed to provide immediate coverage for medical expenses and lost wages after an accident, regardless of who was at fault.
Under Florida Statute §627.736, all registered motor vehicle owners in Florida must carry a minimum of $10,000 in PIP coverage. PIP applies to the insured, their passengers, and—in many cases—pedestrians injured in accidents involving motor vehicles.
How PIP Covers Pedestrian Accident Injuries
When a pedestrian is struck by a motor vehicle, the injured person can typically file a claim for PIP benefits under one of two scenarios:
1. Using the Driver’s PIP Coverage
If the driver who caused the accident is insured, their PIP policy may cover the injured pedestrian’s medical expenses and lost wages.
2. Using the Pedestrian’s Own PIP Coverage
If the injured pedestrian owns a vehicle and has PIP coverage, they may file a claim through their own policy, regardless of whether they were driving at the time of the accident.
What Does PIP Cover?
PIP benefits can help reduce the financial burden of a pedestrian accident by covering:
Medical Expenses
- Up to 80% of necessary and reasonable medical costs (e.g., hospital visits, surgery, rehabilitation)
- Includes ambulance fees, diagnostic tests, and follow-up care
Lost Wages
- Up to 60% of lost wages if your injuries prevent you from working
- May include compensation for lost earning capacity if you cannot return to your previous job
Death Benefits
- Provides up to $5,000 in funeral and burial expenses if the pedestrian dies as a result of the accident
Limits of PIP Coverage
While PIP offers immediate financial assistance, its benefits are often insufficient to fully compensate for severe injuries. Key limitations include:
- $10,000 Coverage Limit: This amount may not cover the full extent of your medical bills and lost wages.
- Medical Emergency Requirement: To access the full $10,000, you must be diagnosed with an “emergency medical condition” (EMC). Without an EMC, PIP benefits are capped at $2,500.
- No Pain and Suffering Compensation: PIP does not cover non-economic damages such as emotional distress or reduced quality of life.
When to Pursue Additional Claims
If your injuries exceed the limits of PIP coverage, you may be able to pursue additional compensation by filing a claim against the at-fault driver’s liability insurance or through a personal injury lawsuit.
Filing a Liability Claim
Florida law requires drivers to carry Property Damage Liability (PDL) insurance, but bodily injury liability (BIL) coverage is not mandatory. If the at-fault driver has BIL coverage, you may file a claim for damages such as:
- Medical expenses beyond PIP limits
- Pain and suffering
- Long-term care costs
Filing a Lawsuit
If the at-fault driver’s insurance is insufficient or nonexistent, a personal injury lawsuit may be your best option for recovering full compensation. In these cases, an attorney can help prove the driver’s negligence and advocate for your right to fair compensation.
Steps to Take After a Pedestrian Accident
If you’ve been injured as a pedestrian in a motor vehicle accident, taking the following steps can strengthen your case:
- Seek Immediate Medical Attention
Even if your injuries seem minor, visit a doctor promptly to document your condition. - Report the Accident
Contact the police and file an official accident report. This document is crucial for your claim. - Document the Scene
- Take photos of the accident scene, your injuries, and any visible vehicle damage.
- Collect contact information from witnesses.
- Notify Your Insurance Company
Inform your insurer about the accident and file a PIP claim. - Consult an Attorney
An experienced attorney can help you navigate the claims process, gather evidence, and determine whether additional compensation is available.
Why Legal Representation Matters
Pedestrian accidents often involve complex insurance claims, especially when PIP coverage is insufficient. An experienced attorney can:
- Help you understand your rights under Florida’s no-fault insurance system
- Gather evidence to prove liability and damages
- Negotiate with insurance companies to maximize your compensation
- Pursue a personal injury lawsuit if necessary
At FGB Law, we are committed to protecting the rights of pedestrian accident victims and helping them recover the compensation they need to move forward.
Contact FGB Law for Help With Pedestrian Accident Claims
If you’ve been injured in a pedestrian accident in Port Charlotte, navigating Florida’s insurance laws can be overwhelming. Let FGB Law guide you through the process and fight for the compensation you deserve.
Call FGB Law today at (941) 979-9010 or complete our online form to schedule your free consultation. Don’t settle for less—take the first step toward your recovery today.