READ THIS for a quick ANALYSIS of the NEW FLORIDA PIP LAW ADOPTED IN 2012
At the very end of this years legislative session, Florida’s legislature voted to pass a rework of the the PIP laws. PIP stands for Personal Injury Protection and it applies to every automobile registered in the state. It is also referred to NO FAULT INSURANCE. Each of us must have PIP to register our vehicles and drive them – so – we must pay for PIP in at least the base limits. Prior to the new law the base policy provided up to $10,000 for medical expenses as the result of injuries sustained in an auto accident – regardless of who caused the accident. An injured person could be seen by his own doctor, whether that doctor was a chiropractor, a medical doctor or the emergency room. Payment up to the $10,000 limit were paid at the rate of 80%, so $10,000 would be paid for $12,500 worth of services.
USE IT OR LOSS IT! – Under the new law, the accident victim must obtain medical treatment within 14 days of the accident or there is no PIP coverage AT ALL! The medical treatment MUST be provided by a hospital, emergency facility, MD, DO, DC or DDS.
$2500.00 LIMITATION – Under the revised law, there is a LIMIT of $2500 payable in medical benefits unless there is an “EMERGENCY CONDITION.” This means that unless you have a condition of such severity that your failure to treat would result in serious jeopardy to your health, you are not eligible for payments in excess of the initial $2500. A Chiropractor cannot make this determination.
LIMITATION ON TREATMENT – PIP can only pay in excess of the initial $2500 for injuries which are “CONSISTENT” with the injuries diagnosed during initial treatment. So if you are misdiagnosed, you are out of luck.
NO MASSAGE/ACUPUNCTURE – PIP will not pay for these treatments at all.
60 DAYS EXTRA TO PAY – The insurers can now wait an extra sixty days before payment if they believe that the request for payment is fraudulent.
Unfortunately for Florida drivers, we are all going to continue to pay full rate for these reductions in coverage. Our Governor alleged that these changes were necessary to combat fraud, but in reality this is an incredible win for the Insurance Lobby. Less benefits for the same money – and it is MANDATORY! Good job Governor Scott!
The above is only a portion of the changes made. A full copy of the new law is available online.
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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