GOVERNOR SCOTT has now signed into law a major revision of the Florida PIP Law – drastically reducing benefits to those hurt in auto accidents
The new law places substantial burdens on the injured in order to receive the basic PIP insurance benefits for medical care when injured in an auto accident. The new law makes it more important than ever to seek experienced legal help when pursuing compensation for one’s losses after a car accident.
The recently passed changes in state PIP law make it important for the injured to act quickly to protect their rights to insurance payments. Florida’s personal injury protection insurance law, or PIP, now puts the burden on the injured individual to qualify for compensation to pay for medical expenses and other losses due to their injuries.
House Bill 119 is an amendment to the PIP law adopted in 1972 to ensure that anyone injured in a Florida auto accident will quickly get money to treat their injuries. The bill, which was adopted during the recently completed legislative session, requires injured people to obtain medical care within 14 days of their injury. The care must be from a physician, osteopath, dentist, chiropractor, physician’s assistant or advanced registered nurse practitioner, or from a hospital or in a facility wholly owned by a hospital.
Also, a physician, osteopathic physician, dentist, supervised physician’s assistant or advanced registered nurse practitioner must determine that the individual has had an “emergency medical condition” for them to qualify for the full $10,000 medical benefit defined in the PIP law since its inception. Without declaration of an emergency medical condition, the insurance payment is capped at $2,500. Legislators say the law’s changes will reduce insurance fraud. Others disagree.
“Floridians are in for a rude awakening,” Florida Consumer Action Network spokesman Bill Newton said in the Insurance Journal. “Instead of measures aimed at preventing true fraud, we’re left with a bill that pads the pockets of big insurance companies.”
Insurance companies stay in business by paying as little as possible when policyholders file claims. Florida’s new PIP law will make it more difficult for injured persons to obtain medical care:
FIRST – YOU MUST GET MEDICAL CARE WITHIN 14 DAYS OF THE ACCIDENT.
SECOND – YOU ARE LIMITED AS TO THE TYPE OF MEDICAL CARE.
THIRD – YOU ARE LIMITED TO $2,500 UNLESS YOU GET A CERTIFICATION FROM A PHYSICIAN OR OTHER QUALIFIED PROVIDER THAT YOUR TREATMENT IS FOR A MEDICAL EMERGENCY.
FOURTH – ONLY THOSE QUALIFIED AS AN EMERGENCY WILL BE ELIGIBLE FOR THE FULL $10,000 PIP BENEFIT.
If you find yourself in such a position it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.
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