In this episode of On Subrogation: Florida PIP Subrogation, Rathbone Group insurance attorney Jason Sullivan discusses PIP subrogation in Florida. As any Florida attorney knows, in general, there is no PIP subrogation in the state. Right? Not exactly. Jason offers tips for subrogation professionals looking for a way to recover from a hefty PIP payout:
Exceptions to the Rule: Successfully Subrogating a PIP Claim in Florida
PIP stands for Personal Injury Protection, and is a required, mandated coverage in Florida auto insurance policies:
- PIP covers 80% of reasonable medical expenses caused by the collision.
- If you have a non-emergency condition, PIP coverage is up to $2500.
- If you have an emergency medical condition, PIP coverage extends to $10000.
- PIP covers 60% of lost wages up to $10000.
- Policy includes a $5000 death benefit for a death resulting from the collision.
The problem for Florida insurers is that, once you have paid out a PIP claim to your insured, in general, Florida provides no right to subrogation for PIP claims. However, there are two exceptions to the rule:
- Uninsured parties can be pursued.
- Some commercial vehicles can be pursued.
Subrogating a PIP Claim Involving a Commercial Vehicle
The uninsured motorist exception is clear. But the commercial vehicle exception is not as transparent, particularly in Florida subrogation.
A commercial vehicle is defined as anything that is not a private passenger motor vehicle. In Florida, a commercial vehicle is defined solely by its purpose (occupational/business), not by its size or weight.
Commercial vehicles can be pursued under subrogation if:
- The insured was a passenger in the commercial vehicle, or
- If the insured was a pedestrian or cyclist
In these cases, the insurer’s right of subrogation is against the owner/insurer of the vehicle, whether or not the operator of that vehicle was the one at fault.
Looking for More Information on Subrogation?
For more on PIP subrogation in Florida, check out our episode, On Subrogation: Florida PIP Emergency Medical Condition, where Jason discusses how PIP entitlement is determined and how subrogation professionals justify claim payouts in a resulting insurance dispute.Interested in learning more about subrogation, including tips on managing claims and explanations of nuanced legal mechanisms, visit our YouTube channel and podcast library for On Subrogation, Rathbone Group’s free educational resource for subrogation attorneys, claims specialists and other legal professionals on subrogation process and insurance law.