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Jason’s Justice

By Jason Neufeld

Q: Are you entitled to $10,000 automatically after an accident?

A University of Miami’s Guide to Personal Injury Protection Benefits

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There are many misleading personal-injury-attorney ads (most frequently seen on day-time television and heard on the radio). There are multiple variations, but many of them sound something like: “If you’ve been in a car accident, let the law offices of X & Y get you the $10,000 you are entitled to!”

The ad makes it sound like, after an accident, all you have to do is call the Law Offices of X & Y to receive a $10,000 check!

So, what’s really going on?

The $10,000 is a reference to Florida’s “No-Fault” law. Florida law requires every automobile-insurance policy issued in Florida to include $10,000 in Personal Injury Protection (PIP) benefits.

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What it means is that if you are the named insured (i.e. the person who bought the car insurance policy); or you are a relative of the named insured (that lives in the same household); or you are the person who happened to be driving the covered vehicle (with the permission of the named insured); or you were a passenger in the covered vehicle; or if you were struck by the covered vehicle…. you ‘re PIP insurance company will pay up to $10,000 for 80% of your medical bills; 60% of any loss in income; and certain death benefits regardless of who was at fault in causing the automobile accident.

Chances are that the $10,000 is going to go to your medical provider. This is a good thing, because doctors don’t work for free. But after an accident, they will treat you because they know that your car-insurance policy is going to allow them to receive up to $10,000.

So the reality is, you don’t get a $10,000 check. But, if you sustain a serious injury, you may be entitled to “pain and suffering” compensation (which may be more or less than $10,000 depending on the severity of the injury and the apportionment of liability). This is the arena in which your personal-injury attorney will earn his/her fee.

Mr. Neufeld , an alumni of the University of Miami School of Law, is an associate with Neufeld, Kleinberg & Pinkiert, PA (www.nkplaw.com) If you would like to speak to an attorney, please call 1-800-379-TEAM (8326) and ask for Jason Neufeld, or email him directly at jneufeld@nkplaw.com.

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