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Will PIP Repeal Impact Personal Injury Cases?


In April of 2016, Florida lawmakers voted to repeal the controversial PIP requirements held over motorists in the state. Over the last several years, opposition to this type of insurance has grown as more and more people realize that it’s a system that has fundamental flaws that simply can’t be overcome without sweeping changes.

While the final verdict on just what will happen in terms of the future of insurance in the state, the current models will require that those who own a vehicle must show that they carry an insurance plan that is more in line with what other states have.

With PIP, the insurance policy is intended to pay out regardless of who is at fault in the accident. But with the new plans, motorists will be required to have a policy that protects against bodily injury or death caused by accidents – but based on incidents, property damage, and per person using the car instead of the blanket PIP policies currently in effect.

Time will tell as to whether or not motorists and lawmakers prefer this new plan, but most agree that it’s a long time coming. But, what exactly will the changes do when it comes to the impact on personal injury claims?

 How PIP Impacts Personal Injury Law

Overall, the PIP repeal is likely to have a very little impact on how a Florida personal injury lawyer tries a case or pursues compensation for a client. This is because the process of seeking compensation isn’t dependent upon your insurance claim in most cases. Instead, Florida personal injury cases focus on proving that one party acted in a negligent or reckless manner and that those actions are what led to the injuries sustained in the accident.

This isn’t always true, of course. In some instances, your personal injury lawyer may have to seek compensation for you directly from your insurance provider or the insurance provider of the other party. In these cases, they may have to prove that you deserve a settlement from the situations laid forth in your policy.

However, in most other instances your personal injury lawsuit won’t be primarily focused on a policy specifically, but rather on getting you compensation based on the financial impact that your accident had on your life.

Getting Compensation For Your Injuries

The basics of getting compensation under Florida law won’t change regardless of what the insurance regulations are in the state. You can seek compensation for your injuries if you can show that the other party acted negligently or recklessly and that those actions directly led to your injuries. Some examples of what constitutes recklessness or negligence include:

•  Drunk driving
• Distracted driving
• Speeding
• Failure to follow traffic laws
• Failure to maintain a vehicle for safety
• And more

In order to prove that you deserve restitution, your attorney will have to use a variety of resources, tools, and techniques. This can include everything from obtaining mobile phone records to using security camera footage near the accident scene, but the overall focus is simply showing that your injuries were due to the recklessness of someone else.

No matter the type of insurance in place in the state, those injured in these kinds of accidents have the right to compensation. Our attorneys are ready to help you get the restitution that you may be owed. Contact us today to learn more about your rights and how we can help you.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Will PIP Repeal Impact Personal Injury Cases?

Goldman Babboni Fernandez
Murphy & Walsh




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