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7/18/2009
Brooke Sharmin Esq.,
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Do You Have to Be Hit By the Other Car to Recvoer PIP Benefits?

Florida law says that benefits must be paid for accidental bodily injury caused by physical contact with a motor vehicle, regradless of whether the injured is occupying a motor vehicle.  You do not necesarily have to show the injury was caused by physical contact with the car.  It may be enough to show the injury was caused by the car.  The problem arises when you are injured while not an occupant of a self-propelled vehicle because there is a physical contact requirement.

In one instance, a Florida court allowed recvoery of PIP benefits when two co-workers were crossing the street and one co-worker pushed the other out of the way of a reboudning vehicle involved in a collision causing him to fall.  There was no physical contact with the car.  There is no bright line test to determine whether you will be entitled to PIP benifts when injured by a motor vehicle.  The best thing you can do, is contact to Palm Beach County car accident attorney if you have been injured by a car or believed that a car may have caused your injury, to assess the facts of your case and determine whether you are entitled to PIP benefits.  Do not try to contact the insurance company yourself. They have incentive to exclude coverage and delay your claim.   

Category: Car Accidents


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