Florida PIP Time Limits: What You Need to Know
Florida’s Personal Injury Protection or PIP statute of limitations includes two key deadlines: injured drivers and passengers are required to seek medical treatment within 14 days of an accident to qualify for PIP benefits, and policyholders have up to five years to sue an insurer for unpaid benefits. Missing these deadlines can result in losing PIP coverage or the ability to challenge a denied claim.
Losing access to PIP coverage after an accident can leave drivers paying out of pocket for medical expenses and other associated costs. If there are any lost wages, PIP benefits also allow the policyholder to recoup those losses. PIP also covers:
- Funeral expenses if someone passes away as a result of the accident.
- Survivor’s loss to replace lost income for your dependents if you do not survive the accident.
- Essential services like childcare and housecleaning if you are physically unable to perform those tasks because of your injuries.
The five-year lawsuit deadline is a considerably longer amount of time to help policyholders receive their rightfully earned money if their insurer fails to pay out after an accident. Missing a deadline can mean losing PIP benefits, which can leave you responsible for medical bills and lost income.
Florida’s 14-Day Rule for PIP Medical Treatment
The PIP statute of limitations in Florida requires any driver injured in an automobile collision to seek medical care within 14 days of the accident. The clock for this two-week timeframe begins on the date the accident occurred, with each calendar day counting toward the total number of days. Although insurance companies provide 30 days to file a PIP claim, you need to see a qualified medical provider in the 14-day window to get the process started.
Who Qualifies as a Medical Provider?
Seeking medical care simply means being seen by a qualified medical provider of your choice. Florida considers licensed medical doctors, chiropractors, and hospitals qualified options. If you receive care from emergency personnel as a result of the accident, that also counts under the Florida PIP Statute of Limitations. Massage therapists and acupuncturists do not qualify under the state’s law.
What Happens If You Wait Too Long?
If you miss the 14-day window to receive medical treatment, you completely forfeit your PIP benefits, including coverage for any delayed symptoms you may experience after the two weeks. Without PIP coverage, you risk paying out of pocket for medical expenses and losing the ability to recover lost wages.
Emergency Medical Condition (EMC) Rule
Injuries are categorized as an EMC when someone needs a comprehensive medical evaluation after an accident. Medical providers might use X-rays, CT scans, MRIs, and other diagnostic tools for an EMC, with the definitive diagnosis made by injury specific specialist. A neurologist, for instance, could classify a traumatic brain injury as an EMC.
Once an injury is diagnosed as an EMC, the insured has access to the full $10,000 in their PIP benefits. The total amount is capped at $2,500 if the injury is determined to not require an EMC diagnosis.
A Misconception about the 14-Day Rule
Many drivers believe that seeking medical treatment under the Florida PIP statute of limitations simply requires them to file a claim. The rule applies to being seen by a doctor. If you are not examined by a medical provider in 14 days, you will lose access to your PIP benefits.
The rule does not accommodate any delayed symptoms, either. If you are not seen by a doctor in the timeframe, any symptoms you experience later as a result of the accident will not be covered. The only exception occurs if the injured party is incapacitated and unable to seek treatment.
Time Limits for Filing a PIP Lawsuit in Florida
The second timeframe in the PIP statute of limitations in Florida is the 5-year rule. When an insurance company fails to pay the insured PIP benefits, that individual can file a personal injury lawsuit to seek compensation within 5 years from the date the insurer breached their contract. Drivers can file a lawsuit when:
- The insurer wrongfully denies benefits
- The insurer underpays the insured
- The insurer fails to pay out at all
Why PIP Claims Fall Under Contract Law
Signing up for insurance is a contractual agreement between the driver and the insurance company. The driver agrees to pay for the coverage and the insurer agrees to pay out so long as the accident aligns with the rules of the policy.
PIP is part of that auto insurance policy and so when an insurer doesn’t live up to their end of the bargain, it can lead to a breach of contract. Florida’s 5-year PIP statute of limitations is applied to these contract disputes.
When Does the Clock Start Running?
The deadline for drivers to file a lawsuit differs from the 14-day rule. Instead of the timeframe starting on the day of the accident, the insured party has 5 years after an insurer denies or underpays PIP benefits. When multiple benefits are denied, each one can have its own 5-year window.
Pre-Lawsuit Requirement
Before filing a lawsuit, Florida requires the insured to send their insurance company a written demand letter. The insurance company then has 30 days to resolve the dispute. If they fail to do so, the insured can begin the lawsuit process.
Changes to Attorney Fees in PIP Lawsuits
Before 2023, insurers had to pay the policyholder’s legal fees if the company was found guilty. That rule changed after 2023 when Florida repealed automatic attorney’s fees for PIP cases, which made smaller claims harder to pursue in court.
Florida PIP vs. Personal Injury Statute of Limitations
PIP claims fall under Florida’s no-fault accident laws. The 14-day rule for treatment and the 5-year deadline for insurer disputes. Personal injury claims fall under at-fault accident laws and come with a 2-year time limit to file a lawsuit for any accidents that occurred after March 24, 2023. Any accidents before that date have the previous 4-year window.
In some cases, injuries may exceed the $10,000 PIP limit. When this happens, injured drivers can file a claim against the at-fault driver for further compensation as part of a personal injury case. Florida’s personal injury statute of limitations deadline of two years comes into play in this instance, instead of the usual 30-day period to file a PIP claim.
Attempts to Change Florida’s PIP Law
Florida’s no-fault PIP system has been debated for years, with efforts to replace it with mandatory bodily injury liability coverage. In 2021, Senate Bill 54 proposed eliminating PIP, but it was vetoed before becoming law. More recent bills in 2023 and 2024 have also aimed to repeal the system, though none have passed. For now, Florida’s PIP requirements remain in effect, but future legislative changes could impact coverage rules and lawsuit deadlines.
How to Avoid Losing PIP Benefits
Most drivers rely on the funds their PIP benefits provide after an accident, whether they need the money to cover medical expenses or recover lost wages from time off work. To make sure you are able to access this coverage, always do the following after an auto accident:
- Get medical treatment immediately – even for minor pain.
- Notify your PIP insurer early – delays can lead to disputes.
- Keep records of medical bills and lost wages – insurers may underpay claims.
- Be aware of the EMC requirement – if the doctor doesn’t classify the injury as an emergency, benefits may be limited.
- Don’t miss the lawsuit deadline – insurance companies sometimes wrongfully delay or underpay claims.
Florida PIP Statute of Limitations FAQs
- How long do I have to file a PIP claim in Florida?
- You have 30 days after the date of an accident to file your PIP claim.
- You are required to see a doctor within 14 days after the accident first.
- What happens if I don’t see a doctor within 14 days?
- Your PIP benefits won’t cover any medical expenses for that accident.
- Delayed symptoms will not be covered, either.
- Can I sue my insurer if they don’t pay my PIP benefits?
- Yes, but the lawsuit has to be filed within 5 years from the date of denial.
- What is the statute of limitations for suing the other driver?
- 2 years (for recent accidents) if the at-fault driver caused the injuries.
- That timeframe extends to lawsuits that seek compensation beyond what PIP offers.
Protecting Your Rights Before Florida’s PIP Deadlines Expire
Missing Florida’s PIP deadlines can mean losing access to insurance benefits, but knowing when the clock starts and how insurers handle claims can help you stay ahead of potential disputes. The 14-day treatment rule determines whether PIP will cover your medical bills at all, while the 5-year lawsuit limit gives you time to challenge wrongful denials—but waiting too long to act can make it harder to recover what you’re owed. If your insurer has refused to pay a valid PIP claim, Lesser, Landy, Smith & Siegel, PLLC can help you take action before time runs out. Call us today at (561) 655-2028 or send us an email to discuss your options.
