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Florida PIP set off against the recovery of a Minor with no PIP. Call 1800-74-TRIAL to get free advise on your PIP question ?| Florida car accident attorney.

What is a PIP set off you ask yourself after a phone call with your lawyer talking about how you kid could get $10,000.00 less then if you had PIP insurance. Well, basically everyone who owns a car in Florida is required to have PIP insurance at a minimum. Now let’s say you, your daughter and your car are driving down the road and it turns out that you have an injury crash and you look in to your purse to give your insurance card to the officer and bam! There it is an expired insurance card from your insurance company. You realized you forgot to renew! Now what.

Well you call around ask friends and family look on the internet to find a lawyer, you find one you like, you hire him he filed a law suit goes to trial and get’s you a $50,000.00 dollar verdict. The next thing is the insurance company lawyer wants to do a PIP setoff for $10,000 against your little girl who was riding in the car with you who got hurt pretty bad.

Your lawyer should be thinking about the following issues;

1. Under Florida case law, PIP must be paid or payable to be a set off. Your lawyer then need to figure out the definition of payable under the case law.
2. The Florida Supreme Court has said that you have a right to trial by jury on the PIP set off. Unless your lawyer intentionally waived this right in the pre trial stipulation, he may be able to argue that the insurance defense lawyer waived it by not asking for a jury instruction specifically addressing the issue.
3. If the court determined that there is a set off it only applies to monies the jury awarded for medical expenses not against monies the jury awarded for pain and suffering etc.,
Your lawyer may could argue to the Court that since the insurance defense lawyer did not plead this matter as an affirmative defense he has waived it, although frankly most


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