Q: Are you entitled to $10,000 automatically after
A University of Miami’s Guide to Personal Injury
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
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
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 email@example.com.