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PIP (No-Fault) insurance in FloridaSound too good to be true? Well it probably is…We’ve all heard the catchy jingles on our favorite radio stations announcing that after a car accident, we may be entitled to $10,000 in lost wages and benefits. DJ’s and “attorney spokesmen” encourage us to call one of these hot-lines from the scene of the accident—but is what they’re selling us for real?

The long and short answer is: Yes and No (answered like a true lawyer…I know.), but we realize, you probably already knew that. Many people, especially in South Florida, come to personal injury attorneys after even a minimal car accident looking for the $10,000 check that they’ve been hearing about on the radio or billboards.

What all these advertisements are referring to is your PIP (or Personal Injury Protection) Insurance, also referred to as No Fault Insurance. This insurance, which has long been the center of fierce debate in Florida, is the only type of mandatory auto insurance that Floridians are required to purchase. You may have even heard about this insurance from news reports of fraud, staged accidents, and Florida lawmakers constantly trying to regulate it in one direction or another.

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Back in 2008, the Florida Supreme Court ruled against parent liability waivers for a minor participating in activities at a commercial venue.

The wrongful-death case, Scott Corey Kirton v. Jordan Fields, involved 14-year-old Christopher Jones, killed in 2003 while riding an all-terrain vehicle at Thunder Cross Motor Sports Park in Okeechobee. His father had signed a risk and liability waiver as the facility required.

The high court’s ruling said the state had no statute supporting the waivers – and that wider public concerns cannot allow parents to waive the rights of minors to legal recourse when injury occurs. The releases served commercial interests more than the child, the court ruled, and the boy’s family was allowed to sue the track despite his father having signed the waiver.

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