The accident was before 10/1 so that much doesn't matter. From what my coworkers who handle FL PIP claims tell me, PIP fraud in Florida is RAMPANT, because insurance companies were not allowed to even INVESTIGATE whether a PIP claim was valid.
At any rate, FL has a pretty high standard for BI recovery from an at-fault driver, and this accident was under those laws. The other person would have to have permanent damage in order to get ANY money from your policy, and soft tissue doesn't usually cause that.
that part is oh so true...
Here is a break down on fl policies...
Personal Injury Protection (PIP) pays up to 80% of all reasonable medical expenses, death benefits up to $5,000 and 60% of loss earnings (not to exceed a total of 85% of gross incomes) for you and your relatives (depending on the option selected) as well as passengers and pedestrians who are Florida residents and do not have their own PIP and are injured in a motor vehicle accident regardless of fault.
Insured, Insured & Relative, Insured With Excluded Work Loss, or Insured & Relative With Excluded Work Loss. Insured: Provides coverage for you (including your resident spouse), passengers and pedestrians who are Florida residents and do not have their own personal injury protection. If a deductible is selected, the deductible will only apply to you or your resident spouse. Insured and dependent relatives: Provides coverage for you (including your resident spouse), dependent resident relatives, passengers and pedestrians who are Florida residents and do not have their own personal injury protection. Excluded Work Loss: This would eliminate coverage for any lost earnings for persons covered under the selected option. If a single deductible is selected, the deductible will only apply to you and your spouse. If you choose a deductible followed by "/WAIVER" the deductible will apply to you, your spouse and all dependent relatives. In choosing an appropriate PIP coverage option, you may want to consider your ability to meet your medical expenses and other financial obligations if you were injured in an automobile accident.
Property Damage protects you when you are legally liable for damage to property of others caused by your vehicle. This not only includes damage to others_ vehicles, but also objects such as buildings, signs or trees. In the event of a multiple vehicle accident, you could be responsible for compensating several other car owners. As with Bodily Injury protection, you may be personally responsible for compensating injured persons if you do not carry a sufficient level of Property Damage coverage so you should choose a limit that adequately protects your assets and earnings.
After Oct 1, 2007 and before Jan. 8 2008.....
Auto Medical Payments coverage pays necessary, reasonable, and related medical expenses for the named insured (includes resident spouse) and resident relatives injured in a motor vehicle accident, whether in the insured vehicle, someone else_s car, or if struck as a pedestrian. Coverage is also provided for guest passengers in the insured vehicle if the accident occurs in the state of Florida and the guest passengers do not have their own similar type of coverage. In addition, it covers pedestrians struck by the insured vehicle if the pedestrian is a Florida resident and does not have his/her own Auto Medical Payment Coverage.
Medical Payments coverage pays medical, dental, hospital, and funeral expenses for you, household relatives, and guest passengers injured in a motor vehicle accident. This coverage also protects you and household relatives in other vehicles or if struck as pedestrians. The limit of liability for medical payments stated in the declarations as applying to "each person" is the limit we will pay for all costs incurred by or on behalf of each person who sustains bodily injury in one accident. This applies regardless of the number of persons insured or the number of autos or trailers to which this policy applies. In choosing an appropriate limit, you may want to consider your ability to meet your medical expenses and other financial obligations if you were injured in an automobile accident.