In Florida, there is a no-fault, personal injury protection (PIP) system. This means that your own insurance, or your relative’s insurance or sometimes the insurance of the vehicle that you are in, pays your medical bills regardless of fault. Generally, PIP pays 80 percent of the medical bills. Previously, PIP paid up to $10,000 in all cases to which it applied. Under a new law, that was enacted in 2012 and applies to accidents after January 1, 2013, PIP only pays up to $2,500 if there is NOT an “emergency medical condition.” If there is an “emergency medical condition” then PIP pays up to $10,000. An emergency medical condition must be found by a qualified physician and notably chiropractors were not included as a physician that is able to find an “emergency medical condition” as defined in the law. There is nothing in the law that limits your ability to collect against the other side because you do NOT have an “emergency medical condition” and in fact, all things equal, the injured person very well may have a higher claim for medical bill reimbursement if there is not an emergency medical condition, as less of the medical bills would be paid (other driver entitled to set off of $10,000 if there is an “emergency medical condition” but only $2,500 if there is not an emergency medical condition). So generally, an injured person will still have a case for their owing medical bills, lost wages and pain and suffering (generally non-economic damages like pain and suffering only owing if a jury finds there is a “permanent injury” or one of the other enumerated threshold findings), even if the doctors find that you do not have an “emergency medical condition” as defined in the new PIP law.
If you have been in a car accident where you believe the other car was at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office), 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office). Generally, the law firm works on a contingency fee basis, which means that fees are only charged if the law firm recovers money for you.
Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result. Also, this blog is, as the web site name suggests, based on Florida law and the laws of any other state could vary significantly from Florida.
