Please follow this link to learn about the current status of PIP in Florida.
The problem with Florida is that Bodily Injury is not required unless you need to prove financial responsibility. Bodily Injury Liability is always recommended in Florida.
Make sure you have Bodily Injury Liability, Medical Payments (Expense) and Uninsured/Underinsured Motorist Bodily Injury (UM) on your policy.
PIP had very limited coverage, in Florida it pays the following amounts, up to $10,000 limit (unless you purchased Extended PIP):
- 80 percent of reasonable and medically necessary medical expenses;
- 60 percent of disability benefits for lost gross income and earning capacity;
- 100 percent of replacement services (such as child care, housekeeping, etc.); and
- $5,000 per individual death benefit.
In exchange for the coverages listed above, the "PIP law" or "no-fault law" took away your right to recover from the at fault party for medical bills and loss of earnings covered by PIP. It also took away all rights to recover for pain and suffering unless there was a permanent injury, significant scarring or loss of important bodily function.
Between October 1, 2007 and December 31, 2007 the at fault party is responsible and accountable for all damages they caused in an accident.
While the no-fault law is not in place, and when you are in an accident in Florida you can recover 100% of your pain and suffering, 100% of your medical bills and 100% of your loss of earnings from the party at fault in the accident. Likewise, if you are at fault now the other party will recover these damages from you. If you have health insurance then you do not need to replace the PIP because health insurance covers it (unless special exclusions exist). More importantly though and the point missed by many is that if you don't have Bodily Injury Liability you will immediately be responsible for injuries you cause. PIP mitigated this point before.
Make sure you have Bodily Injury Liability on your policy so you can protect your assets.
If you don't have health insurance or you do not want to use your health insurance then you can buy Medical Payment or Medical Expense coverage. In addition you can purchase Uninsured/Underinsured Motorist Coverage (UM). It will protect you far beyond PIP. It will pay for 100% of medical bills, 100% of wage loss and for 100% of your pain and suffering up to whatever limits of coverage you buy. UM will protect your family from bad drivers. BI will protect you in case you cause injury in an accident and MP will give you additional medical coverage that PIP may have paid in the past.
In the 90 day period where Florida is not a no-fault state, if you already have PIP then you should keep it. If you have the oppotunity to purchase PIP, it is recommended.