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Florida Statute 627.736

Florida PIP & Statute 627 — Full Q&A

Florida's no-fault auto-insurance law is one of the most technical in the country. The answers below come straight from Florida Statutes Chapter 627 and our day-to-day practice handling PIP claims in Miami. None of this is a substitute for advice on your specific case — call 305-244-5883 for that.

PIP Basics — Florida Statute 627.736

What is Florida PIP (Personal Injury Protection)?+

Florida is a 'no-fault' auto-insurance state. Under §627.736, every Florida-registered four-wheel vehicle must carry $10,000 in Personal Injury Protection. PIP pays the policyholder's medical bills, lost wages, and related expenses regardless of who caused the crash, up to the policy limit.

Fla. Stat. §627.736(1)

What does PIP cover?+

PIP covers 80% of reasonable, necessary, and related medical expenses, 60% of lost wages, 100% of reasonable replacement-services costs (housekeeping, childcare), and $5,000 in death benefits — up to a combined $10,000 cap.

Fla. Stat. §627.736(1)(a)–(c)

Who is covered by my PIP?+

Your PIP covers you, resident relatives in your household who don't own a vehicle, passengers in your car who don't own a car and aren't covered by another Florida PIP policy, and you while a pedestrian or bicyclist struck by any motor vehicle.

Fla. Stat. §627.736(4)(d)

Is PIP the same as bodily injury liability (BI)?+

No. PIP pays YOUR bills regardless of fault. Bodily injury liability pays for injuries you cause to OTHER people. Florida does not currently require drivers to carry BI coverage (only PIP and property damage), although that has been subject to repeated legislative debate.

The 14-Day Rule

What is the 14-day rule?+

You must receive 'initial services and care' from a qualifying medical provider within 14 days of the accident, or PIP pays nothing. This is the single most important deadline in Florida auto-injury law.

Fla. Stat. §627.736(1)(a)(1)

Which providers count for the 14-day visit?+

A licensed Florida physician (MD or DO), dentist, chiropractor, physician assistant, ARNP, or treatment received in a hospital or hospital-owned facility. Treatment provided by an EMT or paramedic during transport from the scene also counts.

Fla. Stat. §627.736(1)(a)(1)–(2)

Does an ER visit at the scene count?+

Yes. Transportation and emergency services in or to a hospital satisfy the 14-day rule.

What if I see a massage therapist or acupuncturist first?+

Massage therapy and acupuncture are not covered by PIP at all under current Florida law, and a visit to those providers does not satisfy the 14-day rule. See a qualifying medical provider first.

Fla. Stat. §627.736(1)(a)(5)

Emergency Medical Condition (EMC)

What is an Emergency Medical Condition (EMC)?+

An EMC is a medical condition with acute symptoms so severe that, without immediate attention, could result in serious jeopardy to health, serious impairment of bodily functions, or serious dysfunction of any body organ or part.

Fla. Stat. §627.732(16)

Why does EMC determination matter?+

If a qualifying provider determines the injured person has an EMC, the full $10,000 PIP is available. If no EMC determination is made, the PIP benefit is capped at $2,500.

Fla. Stat. §627.736(1)(a)(3)–(4)

Who can make the EMC determination?+

A physician (MD or DO), physician assistant, ARNP, dentist, or hospital. A chiropractor CANNOT make the EMC determination, although chiropractic treatment is reimbursable.

Fla. Stat. §627.736(1)(a)(3)

Medical Benefits & Payment

How is the 80% calculated?+

PIP pays 80% of 'reasonable' medical charges, but most providers are reimbursed under a statutory fee schedule (200% of Medicare Part B for most services). You generally are not responsible for the 20% gap if the provider accepts the PIP rate.

Fla. Stat. §627.736(5)(a)

Will my health insurance also help?+

Yes. After PIP is exhausted (or capped at $2,500 without EMC), most health plans cover the balance. Some Florida drivers carry MedPay, a separate policy that picks up the 20% PIP doesn't pay.

How long do I have to submit bills?+

Providers must submit bills to the PIP carrier within 35 days of service. Late bills can be denied.

Fla. Stat. §627.736(5)(c)

Can the insurer require an Independent Medical Examination (IME)?+

Yes. The PIP insurer may schedule an IME (now called a 'compulsory medical examination'). Unreasonable refusal to attend can result in suspension of benefits.

Fla. Stat. §627.736(7)

Lost Wages & Other Benefits

How are lost wages paid?+

PIP pays 60% of gross loss of income with reasonable proof — typically a wage-verification form from your employer or, for self-employed claimants, tax returns and profit-and-loss statements.

Fla. Stat. §627.736(1)(b)

What are 'replacement services'?+

PIP pays 100% of reasonable charges for ordinary household services the injured person can no longer perform — childcare, cleaning, yard work — up to the policy cap.

Fla. Stat. §627.736(1)(c)

Is there a death benefit under PIP?+

Yes. $5,000 in death benefits in addition to the $10,000 medical/lost wage cap. Paid to the estate or heirs.

Fla. Stat. §627.736(7)(c)

Stepping Outside PIP — The Tort Threshold

When can I sue the at-fault driver beyond PIP?+

Florida's no-fault tort threshold requires a 'serious injury' to step outside PIP and pursue pain and suffering: (a) significant and permanent loss of an important bodily function, (b) permanent injury within a reasonable degree of medical probability, (c) significant and permanent scarring or disfigurement, or (d) death.

Fla. Stat. §627.737(2)

What is the deadline to file a lawsuit?+

For motor-vehicle negligence accidents that occurred on or after March 24, 2023, the statute of limitations is 2 years. For older accidents, it was 4 years. Wrongful-death actions must be filed within 2 years.

Fla. Stat. §95.11(4)(a) (as amended by HB 837, 2023)

Does Florida have comparative fault?+

Yes. Since March 2023, Florida uses a 'modified comparative negligence' standard: if you are more than 50% at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced by your percentage of fault.

Fla. Stat. §768.81(6) (as amended 2023)

Disputes, Denials & PIP Suit

What if the PIP carrier denies my claim?+

You (or your provider) must serve a written 'Civil Remedy Notice' / pre-suit demand letter on the insurer at least 10 days before filing suit. The insurer has 30 days to pay or correct.

Fla. Stat. §627.736(10)

Can the insurer pay late?+

PIP benefits are 'overdue' if not paid within 30 days of the insurer receiving written notice of a covered loss. Overdue benefits accrue simple interest at the statutory rate.

Fla. Stat. §627.736(4)(b)–(d)

Who pays attorney's fees in a PIP lawsuit?+

Historically the insurer paid prevailing-claimant fees under §627.428. The 2023 reforms repealed one-way fees in most insurance suits — but PIP suits retain a modified attorney-fee mechanism through the §627.736 framework. Consult an attorney for the current state of fee-shifting.

Special Situations

I was a passenger — whose PIP applies?+

Generally: (1) your own PIP if you own a Florida-insured vehicle, (2) a resident relative's PIP if you don't, (3) the PIP on the vehicle you were in if neither applies, (4) the PIP of any other involved Florida vehicle. Pedestrians and bicyclists struck by a vehicle have the same waterfall.

Fla. Stat. §627.736(4)(d)

I'm a motorcyclist — does PIP apply?+

No. Motorcycles are excluded from Florida's no-fault system. Motorcyclists recover from the at-fault driver's bodily injury liability policy, their own UM coverage, and health insurance.

Fla. Stat. §627.732(3)

I'm an out-of-state driver visiting Miami — am I covered?+

If you are driving your own out-of-state vehicle, your home-state policy applies. If you are a passenger in or pedestrian struck by a Florida vehicle, the Florida vehicle's PIP applies to you.

What about rideshare passengers (Uber, Lyft)?+

The rideshare company's $1,000,000 third-party liability policy and UM/UIM apply during Period 3 (passenger in the car). Passengers should also file PIP through their own or a resident relative's Florida policy first.

Disclaimer. The Q&A above summarizes Florida Statutes Chapter 627 as of the date of publication and is for general educational purposes only. Florida insurance law is updated regularly (notably by HB 837 in 2023). It does not create an attorney–client relationship. For advice on your specific case, call Caraccidentmiami.com at 305-244-5883.
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