Legal Question in Personal Injury in Florida

I had a accident bout a yr ago in my work truck i suffered injuries and been under workers comp and dr�s care for my injuries.. i do have an attorney and he has asked me to make a claim on my personal auto insurance under the pip of my policy�is that a normal thing to do ? or is my attorney trying to get more money from my personal policy also ???


Asked on 8/09/12, 6:38 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Worker's compensation pays 100% of all medical care. Using your auto insurance for PIP means they pay 80% of care, AND that it is outside the worker's compensation. I do this often to try and get more favorable medical opinions or to allow my client to get specific care that they cannot get in the worker's compensation system. The PIP is also available to satisfy any worker's compensation liens that do apply to a settlement in the third party case. Is there a case against a third party too? Your policy could provide coverage for personal injury damages if you have uninsured motorist coverage and the other party is uninsured or underinsured. Bottom line is ask your attorney for details about what is being done.

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Answered on 8/09/12, 6:46 am
David Burns David H. Burns, P. A.

Your Florida PIP (also known as no-fault) benefits are primary over workers comp benefits in an on-the-job automobile accident situation. Your attorney has reasons for suggesting you use your PIP benefits instead of workers comp. You should ask your attorney for his reasoning.

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Answered on 8/09/12, 9:41 am


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