Under a new law that went into effect on January 1, 2013 (although there is some legal argument that if the applicable pip policy predates the law, i.e. went into effect before January 1, 2013, that the old laws would apply), you must have some medical treatment (hospital or doctor) within 14 days of an accident in Florida; otherwise, your Florida PIP insurance would not have to pay your medical bills. See 627.736(1)(a), part of the statute put below. I do believe that you could use your health insurance to treat, if you missed the 14 day window. This does not mean that you could not still have a case if someone else is responsible for the accident; however, if you would not have any care within 14 days, a case would be more difficult to prove as the argument that if you had injury you would have started treatment earlier would be a strong defense. The bottom line is that if you are in a car accident, it is important to seek some form of treatment with a hospital or doctor within 14 days; otherwise, there may not be PIP benefits to pay your medical bills.
627.736 Required personal injury protection benefits; exclusions; priority; claims.—
(1) REQUIRED BENEFITS.—An insurance policy complying with the security requirements of s. 627.733 must provide personal injury protection to the named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows:
(a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident. The medical benefits provide reimbursement only for:
1. Initial services and care that are lawfully provided, supervised, ordered, or prescribed by a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, or a chiropractic physician licensed under chapter 460 or that are provided in a hospital or in a facility that owns, or is wholly owned by, a hospital. Initial services and care may also be provided by a person or entity licensed under part III of chapter 401 which provides emergency transportation and treatment.
