Much of this blog deals with issues involving car accidents. Generally, in Florida all drivers are required to carry certain minimum coverages and included is PIP coverage.
For a variety of reasons, the legislature passed a law that applies to accidents after January 1, 2013 that significantly alters PIP coverage. There is some confusion in the industry as to whether all accidents after January 1, 2013 will be covered. For example, there is arguments to suggest that the law applies to accidents after January 1, 2013 AND for policies of car insurance that were renewed after January 1, 2013. So this is the first issue that will be handled in the courts.
There are two major overhauls of the PIP laws. The first issue is that there must be some treatment (hospital or doctor) within 14 days from the date of the accident or PIP will not apply. This does not mean that you cannot sue the other driver if you do not seek treatment within the 14 days but that your own car insurance company will not be responsible for your medical bills if you do not have some car within 14 days. Of course, if there is no treatment within 14 days, this would impact the value of the case in any event.
Further, unless there is a finding of an “emergency medical condition” by a certified physician (the types of physicians are listed and notably a chiropractor is NOT included as a physician that can find an “emergency medical condition”), the PIP is limited to $2,500 instead of $10,000.
There are many other changes to the law. One was that treatment with an acupuncture physician is not payable under PIP but again such treatment could be done and a claim for same against the at fault person. Also, certain massage treatment is not payable by PIP but again such treatment could be had and then made against the at fault insurance if applicable.
Under the compromise of the law, consumers were to get reductions of PIP premiums and it is unclear at this time whether the premiums will be reduced.
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. We offer a free consultation at your home, at the hospital or at one of the law firm’s conveniently located office through the tri-county area.
Every case is different and must be judged on its merits. It is a good start to get a complementary consultation regarding an accident case in case this happens to you. The advise contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.
