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 Posted: Wed Aug 12, 2009 7:52 pm Post subject: |
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State of Florida. I'm taking a general lines online course & they have me stumped on how they're wording this example: "If the insured motorist caused injuries to a motor vehicle owner who had not insured, the PIP is "payable" although not paid by an insurance company, & the insured motorist has the same exemption as though the uninsured motorist has PIP." I understand the last part but the part about PIP being payable but not by an insurance co, has me stumped.
Thanks in advance, alaina |
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Dube
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| Posted: Wed Aug 12, 2009 8:06 pm Post subject: |
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| Quote: | | State of Florida. I'm taking a general lines online course & they have me stumped on how they're wording this example: "If the insured motorist caused injuries to a motor vehicle owner who had not insured, the PIP is "payable" although not paid by an insurance company, & the insured motorist has the same exemption as though the uninsured motorist has PIP." I understand the last part but the part about PIP being payable but not by an insurance co, has me stumped. |
I've had this come up many times....
BI (liability) is offset by what PIP pays... or _should_ pay_. if the vehicle is required to carry PIP then it does not matter to the at fault party that they don't have PIP... the liability carrier _still_ takes up to a $10,000 off set as PIP is non-recoverable in Florida. That is why they say its "payable"... it does not matter that is not "paid"... the BI carrier still takes an offset on what PIP would have paid if the person had it. |
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tcope
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| Posted: Wed Aug 12, 2009 8:20 pm Post subject: |
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| Why does it say " although NOT paid by an insurance company?? thats what doesnt make sense me.. |
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Dube
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| Posted: Wed Aug 12, 2009 8:31 pm Post subject: |
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It means that the injured person should still be considered as collecting the PIP payment even though their carrier did not pay it. That is, the BI carrier should pretend that it was paid, even though it was not.
If the person has $5000 in medical expenses, the BI carrier considers that the injured person was paid $5000 by the PIP carrier... even though it was not paid. |
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tcope
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| Posted: Wed Aug 12, 2009 8:43 pm Post subject: |
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| I think i get it LOL.. so the injured person gets nothing for either carriers unless the at-fault person was found legally liable? |
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Dube
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| Posted: Wed Aug 12, 2009 8:43 pm Post subject: |
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| I think i get it LOL.. so the injured person gets nothing for either carriers unless the at-fault person was found legally liable? |
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Dube
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| Posted: Wed Aug 12, 2009 9:07 pm Post subject: |
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| Quote: | | I think i get it LOL.. so the injured person gets nothing for either carriers unless the at-fault person was found legally liable? |
That is always the case. That does not have to do with the statement you mentioned.
I can break it down a little more....
$10k PIP is required on all vehicles being operated in FL. If the person is injured in an auto accident, their own PIP carrier is required to pay for their insured's injuries up to the $10k amount. The PIP carrier _cannot_ collect this money back from the at fault parties carrier (remember that). The carrier for the at fault party needs to address the injured parties loss (medical bills and pain and suffering). Let's say the injured person had $20k in medical bills and a fair settlement is $10k on top of the medical bills. The PIP carrier paid $10k of the $20k medical bills so the BI carrier only owes $10k in medical bills plus another $10k for a total of $20k. That is, they took an offset of of $10k (what the PIP carrier paid) on the $20k in medical bills. That is, since the PIP carrier paid those bills and the PIP carrier can't recovery that money, the BI carrier does not owe that $10k that the PIP carrier paid.
Now, let's say the person did not have insurance so they don't have any PIP coverage. This does not matter. The PIP laws state if a person is _required_ to carry PIP that the at fault party has immunity for what the PIP carrier _should_ be paying. It does not matter if there was no payment by a PIP carrier, that $10k is still not owed by the at fault carrier. So the BI carrier still pays $20k on the injured parties $30k claim.
As long as the at fault party carries PIP, they still get the tort immunity that the PIP laws provides them. This immunity is the $10k that the injured parties PIP carrier _should_ pay. That tort immunity exists _even if there is no PIP carrier to pay_. So the at fault party still gets the immunity even if there is no PIP payment. |
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tcope
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| Posted: Wed Aug 12, 2009 9:30 pm Post subject: |
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| Now i really get lol.. thank you so much for taking the time to explain it in detail. The way they word things sometimes are like reading a different language.. alaina |
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Dube
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| Posted: Mon Sep 21, 2009 11:15 pm Post subject: same insurance company |
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the person i was involved in a car accident with has the same insurance company as i do. he was at fault my vechile has been taken to shop and i'm in a rental.now my question is this: if i claim pip threw my policy for medical bills and they pay me up to 2500 using those same medical bills will the liabilty threw his policy pay for those medical bills again???
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not sure
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| Posted: Tue Sep 22, 2009 10:45 am Post subject: |
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It depends on the state but very doubtful. The main purpose of PIP is to reduce small injury claims. You must eclipse the PIP threshold or have certain (severe) injuries to qualify to receive a BI claim from the at fault party.
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Lori
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| Posted: Wed Sep 30, 2009 11:57 am Post subject: PIP |
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I was in an auto accident and I was not at fault but I have PIP on my pocily does my insurance company pay me anything.
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anonymous64
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| Posted: Wed Sep 30, 2009 1:46 pm Post subject: |
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| PIP addresses your medical bills. That is, it pays the medial bills only. |
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tcope
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| Posted: Wed Sep 30, 2009 10:45 pm Post subject: |
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In some states PIP will also pay loss of wage.
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Lori
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| Posted: Wed Oct 07, 2009 5:20 pm Post subject: Deemer Statutes |
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Would you have, or know who may have a table of "drive through" states, where the insurance follows the driver or the vehicle?
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Sue M
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| Posted: Wed Oct 07, 2009 10:17 pm Post subject: |
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Insurance ALWAYS follows the vehicle, and all policys must conform to the state they are driven into if different.
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