Personal Injury Protection (PIP) insurance covers you (up to the limits of your policy) regardless of whether or not you caused the crash. In St. Augustine, the Florida Motor Vehicle No-Fault Law requires all owner/registrants of a motor vehicle with four wheels or more to carry a minimum of $10,000 of PIP and $10,000 of property damage liability (PDL). This insurance covers a portion of your medical bills and lost wages, regardless of fault.
Sometimes your insurance company denies coverage claiming you are not really injured or your injuries are not related to the accident. If they do deny coverage you can bring suit in County Court.
Ramirez v. United Automobile Insurance Company is a recent case out of 3rd DCA where injured party appealed PIP denial and won. Then insurance company appealed to Circuit Court and lost again but the Circuit Court ruled that the injured party was not entitled to attorneys fees. The 3rd DCA reversed saying it was a miscarriage of justice for circuit court to deny an award of appellate attorney’s fees to insured.
If you have a car accident in St. Johns County or St. Augustine, this could happen to you. Your own company could deny you coverage. If so contact the attorneys at Canan Law. We are personal injury and auto accident lawyers and we will fight for your rights. This case shows demonstrates that attorneys fees are available if your insurance company improperly denies your claim.