Aspen Claims Service

Florida PIP Subrogation And The Mysterious “Commercial Vehicle” Exception

 Monday, December 23, 2019

 Matthiesen, Wickert & Lehrer, S.C.

Let’s just say it. Florida PIP subrogation is a pain in the butt. The state was almost out of the weeds in 2007 when its no-fault laws automatically sunsetted; but the legislature passed a new no-fault law which took effect in 2008.

PIP coverage is required for all “motor vehicles” registered and licensed in Florida or in the state for an extended period of time.

PIP insurance covers the insured — regardless of fault.

Under Florida’s no-fault insurance statute, if an insured is hurt in an accident, a PIP policy will automatically pay 80% of reasonable medical expenses related to injuries sustained, 60% of lost earnings subject to the limits of the coverage, and any applicable deductible (or up to the specified policy limit), regardless of who caused the accident.

In order to file suit against a negligent tortfeasor who caused an accident, Florida’s no-fault insurance law requires the insured to meet certain verbal thresholds.