In Florida, if you file a claim under the PIP portion of your coverage (prior to October 1, 2007 or after January 1, 2008), your insurer must provide you with a notice of your rights, including available benefits, exclusions and limitations of PIP coverage plus information about when payments are due. Once the insurer has received written notification of PIP losses the company must pay you or your medical provider within 20 days or you are entitled to earn 12 percent interest on the amount of your loss until it is paid.

Florida Statute 627.4265 states in full that in any case in which a person and an insurer have agreed in writing to the settlement of a claim, the insurer shall tender payment according to the terms of the agreement no later than 20 days after such settlement is reached. The tender of payment may be conditioned upon execution by such person of a release mutually agreeable to the insurer and the claimant, but if the payment is not tendered within 20 days, or such other date as the agreement may provide, it shall bear interest at a rate of 12 percent per year from the date of the agreement; however, if the tender of payment is conditioned upon the execution of a release, the interest shall not begin to accrue until the executed release is tendered to the insurer.

A claim must be filed timely in order to be considered by an insurance company. The longer a claim is neglected, the harder it is to get facts relevant to the claim. In Florida, the statute of limitations is generally four (4) years from the date of the loss. The case or claim must be formally started within this time. It would be up to the courts to determine eligibility because there is division among the district courts as to what event triggers the commencement of the statute of limitations for filing an action for PIP benefits. This is related to a lawsuit more than filing a claim. You can file a claim at any time, determining coverage eligibility will be up to the adjuster and possibly the courts if it goes to trial.

Each state is different. For example, Pennsylvania and Michigan have specific time periods for coverage of some benefits. For example, for First party benefits, and they include lifetime medical expenses; wage loss for up to 3 years from the date of the accident; nursing and care services; replacement services; vocational rehabilitation; and mileage reimbursement.