Apportionment of PIP benefits

Although it benefits are statutorily limited to $10,000, there are some steps that a practicing West Palm Beach personal injury attorney can take to maximize the benefit to the client in a case involving PIP benefits. What we find often in our practice is that our clients are good hard-working people, forced to miss sometime from work, also incurring expenses in the home and from travel to medical providers, and these are in addition to their medical bills.

One way that we have found allows us to put more money into our clients pocket at the end of the day, is to work hard to apportion the PIP benefits. Without getting too deep into the specifics of what is covered by PIP, I’ll leave that for another article, PIP covers a multitude of different expenses to an injured party. Among these are of course medical expenses, but some lesser-known ones are transportation costs to and from this medical treatment, also help in the home for someone who’s lost the ability to do their usual household chores, and reimbursement for time missed at work and potentially even missed opportunities to make money in addition to what one is regularly paid

Case law has provided that the attorney for an interparty can apportion the PIP benefits to the greatest benefit of the client. What this means in practice, is that I will make insurance carrier hold off on paying the initial medical bills, and instead use this money for reimbursement for your damages that are not allowed by other coverages. Apportioning the PIP coverage to some of the benefits that are traditionally not covered by other coverages will allow you to maximize the overall benefit you receive and in the end put more money in your pocket.

Apportioning the PIP benefits correctly is not an easy task. Often we find that we have trouble communicating with the medical providers and the pip provider. Often the PIP adjuster simply wants to be over with the claim and pay out whatever comes in first. Despite their pleading otherwise, the savvy plaintiff’s personal injury attorney will warn them not to pay out the benefits until the lawyer has a chance to apportion them.

Although apportioning the PIP benefits correctly is time-consuming and sometimes difficult, it is a way that we can ultimately best serve our clients and put the maximum recovery amount in their pocket. Where Pip apportionment is done correctly it is literally worth thousands of dollars to the client. If you have any questions regarding apportionment of benefits please give me a call, I would be happy to help.