Hurt In Accident – Personal Injury Protection

Florida law requires all vehicle drivers with a valid Florida license plate to carry Personal Injury Protection (PIP) insurance, also known as Florida “No Fault Insurance.” It was originally designed to ensure that anyone injured in a Florida car accident would receive medical care and reimbursement for lost wages. The minimum PIP coverage is $10,000 and only covers you for lost wages and medical bills, regardless of who was at fault.

Florida’s PIP laws date back to 1972, when the state enacted a law requiring all drivers to purchase minimum coverage of $5,000, which overtime has been elevated to $10,000. PIP covers the named insured, relatives residing in the same household, persons operating the insured motor vehicle and passengers in such motor vehicle. PIP coverage also protects you while you are in someone else’s vehicle, or as a pedestrian, or a bicyclist, if you suffer an injury in a crash involving a motor vehicle.

Today, Florida PIP pays:

• 80 percent of Medically Necessary and Reasonable Expenses
• 60 percent of Lost Wages
• 100 percent of Replacement Services such as child care, housekeeping, or yard work
• Up to $5,000 for Death Benefits

This spring, the Florida House and Senate narrowly passed major changes to the law that Florida Governor Rick Scott signed. The sweeping changes to PIP will take effect on January 1, 2013. The new law requires or states:

• Anyone injured in a Florida car accident must seek medical treatment within fourteen days of the crash. If an injured car accident victim seeks care beyond the two-week window, no PIP benefits will be paid.
• That “initial services” and “follow-up treatment” care must be lawfully provided, supervised, ordered, or prescribed by a licensed physician, D.O. (Doctor of Osteopath), Dentist or Chiropractic Physicians or provided in a hospital or in a facility that owns or is wholly owned by a hospital. Follow up services must be consistent with the underlying medical diagnosis rendered on the initial visit.
• Unless the medical treatment is for an “Emergency Medical Condition,” PIP payments will be limited to $2,500. (EMC is defined in the new legislation as: (a) Serious jeopardy to patient health; (b) Serious impairment to bodily function; (c) Serious dysfunction of any bodily organ or part.
• Massage therapy and acupuncture are not reimbursable under the new PIP Statute.

If you or a loved one has been hurt in an auto accident or car crash and are having issues regarding Personal Injury Protection (PIP), have issues with your insurance company, or are just unsure of your legal rights, contact us here.