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Florida PIP Attorney
Your Insurance Company Is Required to Pay Your PIP Benefits. We Make Sure They Do.
Personal Injury Protection (PIP) is Florida’s no-fault insurance coverage that pays for medical expenses and lost wages after a car accident, regardless of who was at fault. Every Florida driver is required to carry PIP coverage. You pay for it every month.
But when you file a claim, your own insurance company — the one you have been paying premiums to — may deny, delay, or underpay your benefits.
At Florida Advocates, we help accident victims get the PIP benefits they paid for and are entitled to receive. Susan Brown spent years as an insurance adjuster before becoming a trial lawyer. She knows exactly why insurers deny PIP claims and how to defeat those denials.
What Is PIP Coverage?
PIP (Personal Injury Protection) is required on every Florida auto insurance policy. It provides up to $10,000 in benefits
Medical expenses: 80% of reasonable costs
Lost wages: 60% of lost income
Death benefits: $5,000 toward funeral expenses
PIP pays regardless of fault, meaning you can receive benefits even if you caused the accident. However, there are strict requirements you must follow — most importantly, the 14-day rule.
The 14-Day Rule — The Most Important Deadline in Florida Car Accidents
WARNING ⚠️
You must seek medical treatment within 14 days of a car accident or you LOSE your PIP benefits. No exceptions.
Florida Statute 627.736 requires that you receive initial medical treatment within 14 days of a car accident to be eligible for PIP benefits. This is an absolute deadline.
If you wait 15 days or longer to see a doctor, you forfeit your right to PIP coverage — even if your injuries are severe.
This rule catches many accident victims off guard, especially those who:
- Think their pain will go away on its own
- Do not realize the severity of their injuries immediately
- Are busy dealing with vehicle repairs and logistics
- Assume they can see a doctor “when they have time”
If you have been in a car accident — any car accident — see a doctor within 14 days. Even if you think you are fine. Even if you do not have visible injuries. The 14-day rule is absolute.
Emergency Medical Condition Requirement
To receive the full $10,000 in PIP benefits, an authorized medical provider must determine that you have an emergency medical condition (EMC).
Without an EMC determination, your PIP benefits are capped at $2,500.
An emergency medical condition is defined as:
A medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in serious jeopardy to patient health, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.
| $10,000 maximum — Full EMC Benefits | $2,500 maximum — No EMC Benefits |
This is why it is critical to see a qualified medical provider who can properly document your injuries and make an EMC determination when appropriate
Common PIP Claim Denials
Insurance companies deny PIP claims for many reasons, some legitimate, many not. Common denial tactics include:
14-day rule violation
Insurer claims you did not seek treatment within 14 days. (Sometimes insurers miscalculate the dates.)
No emergency medical condition
Insurer limits benefits to $2,500 claiming no EMC was documented, even when one exists.
Treatment not reasonable or necessary
Insurer denies payment for treatment it deems unnecessary, often based on an insurer-hired doctor who never examined you.
Independent medical examination (IME)
Insurer’s chosen doctor disputes your treating physician’s findings. These doctors are paid by the insurer and frequently find reasons to deny or limit claims.
Pre-existing conditions
Insurer claims injuries were pre-existing, not caused by the accident, even when the accident clearly aggravated the condition.
Policy exclusions
Insurer claims the accident or circumstances are not covered under your policy.
Late filing or documentation errors
Insurer claims paperwork was filed incorrectly or late.
Carlos D. Cabrera worked as insurance defense counsel before becoming a lawyer. He knows exactly why insurers deny PIP claims — because he used to build the defenses behind those denials. Now he challenges wrongful denials and fights to get you the benefits you paid for.
Common PIP Claim Denials
Medical expenses
80% of reasonable medical costs including:
- Emergency room visits
- Hospitalization
- Doctor visits
- Chiropractic care
- Physical therapy
- Diagnostic testing (MRI, CT, X-rays)
- Necessary medical equipment
Lost wages
60% of lost income if injuries prevent you from working
Death benefits
$5,000 toward funeral and burial expenses if the accident results in death
PIP has a $10,000 total limit combining all benefits. Once exhausted, you must look to other coverage sources such as the at-fault driver’s insurance or your own UM/UIM coverage.
PIP Does NOT Apply to Motorcycles
Florida’s PIP requirement does NOT apply to motorcycles.
If you are injured in a motorcycle accident, you do not have PIP coverage and must pursue recovery through other means:
The at-fault driver’s liability insurance
Your own UM/UIM coverage
Health insurance
This is why motorcycle accident cases require a different strategy than car accident cases.
See Florida Motorcycle Accident Lawyer →
Pursuing Damages Beyond PIP
PIP only pays up to $10,000 and only covers 80% of medical costs. For serious injuries, this is quickly exhausted.
To pursue additional compensation for:
- Medical expenses above PIP limits
- Pain and suffering
- Permanent injury
- Lost earning capacity
You must step outside Florida’s no-fault system and file a claim against the at-fault driver.
Florida law allows this when injuries meet the “serious injury threshold”:
- Permanent injury
- Significant and permanent scarring or disfigurement
- Death
We evaluate your case to determine all available sources of recovery, including the at-fault driver’s liability insurance and your own UM/UIM coverage.
Why Carlos D. Cabrera for PIP Claims
Carlos D. Cabrera spent years as insurance defense counsel before becoming a trial lawyer. He evaluated claims. He built defenses. He knows exactly how insurers decide to deny, delay, or minimize PIP claims.
Now he uses that knowledge on your side.
When your PIP claim is denied, Carlos knows:
Whether the denial is legitimate or wrongful
What evidence defeats the insurer’s arguments
How to challenge IME findings from insurer-hired doctors
When to escalate to litigation
Learn more about Carlos D. Cabrera →
About Attorney Carlos D. Cabrera
Carlos D. Cabrera leads the Personal Injury Department at Florida Advocates. Before becoming a lawyer, Carlos worked as insurance defense counsel.
Education:
J.D. — St. Thomas University College of Law (2000)
Managing Editor, St. Thomas Law Review
B.A. English — Florida International University (1994)
Bar Admissions:
The Florida Bar
U.S. District Court, Southern District of Florida
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
Credentials & Recognitions:
Million Dollar Advocates Forum Member
Multi-Million Dollar Advocates Forum Member
Florida Legal Elite Recognition
Lead Counsel Verified (Appellate, since 2015)
Former Insurance Defense Counsel
Frequently Asked Questions — Florida PIP
What is the 14-day rule?
You must seek medical treatment within 14 days of a car accident to qualify for PIP benefits in Florida. This is an absolute deadline with no exceptions.
How much does PIP pay?
PIP pays up to $10,000 total, covering 80% of medical expenses and 60% of lost wages. If no emergency medical condition is found, benefits are capped at $2,500.
What if my PIP claim is denied?
You have the right to challenge a wrongful denial. We review denied claims and pursue the benefits you are entitled to under your policy.
Does PIP cover motorcycle accidents?
No. Florida’s PIP requirement does not apply to motorcycles.
Can I sue the at-fault driver if I have PIP?
Yes, if your injuries meet Florida’s threshold for permanent injury, significant scarring, or death.
What does it cost to hire Florida Advocates?
Nothing unless we recover for you. We work on a contingency fee basis.
Contact a Florida PIP Attorney
If your PIP claim has been denied, delayed, or underpaid, contact Florida Advocates today.
Call: 754-290-3803
Email: info@fladvocates.com
After all, isn’t that what family would do?
Related Practice Areas
If your accident involved:
Car Accident Lawyer
Insurance Claim Denials
UM/UIM Coverage Lawyer
Insurance Bad Faith Lawyer
Motorcycle Accident Lawyer
Contact Us
Fill out the contact form or call us at 754-290-3803 to schedule your free consultation.
Free Consultation 
Available 24/7 
No Fees Unless You Win