The Florida legislature changed the Personal Injury Protection (PIP) law January 1st, 2013 to purportedly combat insurance fraud, but overshot that purpose and actually affected the rights of medical providers and more importantly, injured motorists.
This new law requires that individuals who are injured in a car accident only have fourteen (14) days to seek initial treatment with a medical provider and open a claim with their personal injury protection, PIP. Should treatment not commence within that duration, then the motorist WAIVES their statutory required PIP coverage.
What does that mean if you or a loved one are in a car accident? If you do not seek treatment within fourteen (14) days of the accident, you will waive your PIP coverage for that particular accident. Moreover, policyholders may only be eligible for $2500.00 in coverage, despite having $10,000.00 PIP coverage. A doctor must first evaluate the injured to determine whether or not the injuries are serious enough to afford the policy holder full coverage for the $10,000.00 PIP that the motorist is required to pay for by Florida Law. This evaluation has to be performed and certified by a medical doctor, osteopathic physician, or practioner corroborating that the injury requires immediate medical attention.
In the months to come as we approach 2014, there are supposedly new restrictions being discussed to take place and be implemented into the statute that will limit policy holder's PIP even further. There has been discussions that only emergency medical treatment would be covered, and all other treatment barred from PIP coverage.
The timeline reduction from no restriction to fourteen (14) days to seek treatment is overly burdensome, since the fraud aimed to protect is over unlawful access over police reports citing accidents earlier than sixty (60) days from the incident date. That would be a more measurable restriction to fight fraud, not fourteen (14) days, which only hurts the medical provider, and worse, the policy holder. The further limitations discussed on what treatment may be sought and covered by PIP is even more troublesome, as the law continues to restrict the consumer, who is required to carry this coverage as a matter of law.
Due to these changes, and impending changes, it is important that you seek immediate consultation with an attorney who can assist you with your claim and advise you as to your rights to your coverage and personal injury protections. Call K/S, Attorneys at Law immediately following an accident, and allow our experienced and diligent attorneys fight for your rights!
K/S, Attorneys at Law can assist you with your auto accident case, and offers a free consultation to discuss your rights!
