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PIP Death Benefit in Florida: What Is It

In Florida, all motor vehicle insurance policies are required to carry personal injury protection (PIP) coverage (often called No-Fault coverage). PIP coverage must be provided to the named insured, relatives residing in the same household as the named insured, individuals operating the motor vehicle, and any individual struck by the motor vehicle. This PIP requirement includes medical, disability, and death benefits.

Death benefits are afforded when an individual succumbs in connection to the ownership, maintenance, or use of a motor vehicle. The minimal amount of death benefits under PIP is $5,000, which is commonly utilized to cover funeral expenses for the decedent. Importantly, this death benefit is in additional to any medical or disability benefits. The PIP statute provides clarity regarding this death benefit on who is eligible to receive such benefit; more specifically, a death benefit may be payable to the executor/administrator of the decedent, to any relative of the decedent (by blood, adoption or marriage), or to any person equitably entitled to such benefits appearing before the insurer.

Recent PIP Cases

July 2021: J & C Imaging Inc. (a/a/o A. Vigo) v. Imperial Fire & Casualty Ins. Co.¸29 Fla. L. Weekly Supp. 343a, FLWSUPP2905VIGO, case no. 2018-023552-SP-25 (CG03) (Fla. Miami-Dade Cty. Ct. July 9, 2021).

The Miami-Dade County Court denied an Insurer’s motion for summary judgment due to a genuine issue of material fact regarding Insured’s failure to appear at an examination under oath (EUO). This matter is distinguishable from other cases and centered around the fact that the requested EUOs were unilaterally scheduled by the Insurer and the Insured responded that the Insured was not available on such dates. More specifically, the Court noted that a factual issue existed as to whether the Insured materially breached the subject policy by failing to appear at the EUOs. If there was a material breach by failing to appear, the Insured would have the ability to refute by the Insurer not being prejudiced by the material breach. Thus, the County Court denied the Insurer’s motion for summary judgment.
With advanced remote capabilities, our PIP department is standing by ready to audit your existing files to uncover what you’re rightfully owed. Even if another attorney has already completed an audit its likely you’re still owed more. Our 0% administrative costs ensure you get back every dollar collected. Call us today to schedule a FREE 5 year look back before it’s too late. Call us now at 561-995-1966 or visit our website and submit your info at www.gedlawyers.com.