Important Issues in Personal Injury Protection (PIP) Laws in Florida

Florida law requires that all residents carry personal injury protection insurance (PIP) in case of a car accident. Your PIP coverage pays a limited amount for your personal injuries while property damage liability insurance (PDL) covers the repair or replacement of personal property after an automobile accident, regardless of who is responsible for the crash.

In past years, various bills were proposed to eliminate or modify Florida’s no-fault insurance laws. The governor vetoed a bill that would remove the no-fault insurance requirements, and as of this article’s publication, all car owners must carry personal injury protection coverage.

If you or someone you love were injured in a Florida car accident, you have the right to bring a claim against your own insurance company. Talk to an experienced Orlando car accident lawyer to learn how to file a claim and whether you have the right to pursue compensation from the at-fault driver who caused your collision.

Personal Injury Protection Coverage Laws Create Problems for Accident Victims & Consumers

Changes in Florida PIP laws created a few issues that could negatively affect motor vehicle accident victims and consumers. Coverage limits seem to be the focus for future PIP claims. In particular, PIP insurance coverage places limits on the benefits you can claim and the treatment options that are covered by PIP insurance. These limitations may make a car accident claim more challenging for some, especially for those who suffered serious injuries or require extensive treatment that leads to large medical bills.

A dedicated Orlando car accident lawyer can help address any difficulties you have making a PIP insurance claim. During a free consultation, we can also review your circumstances and explain all of your legal rights related to your motor vehicle accident.

PIP Laws in Florida: Personal Injury Protection Insurance Benefit Caps

Florida PIP coverage, or “no-fault insurance,” covers medical expenses sustained in car accidents, regardless of who was at fault. Florida requires all drivers to carry PIP insurance, with a $10,000 maximum payout.

The laws are getting increasingly picky when it comes to recovering these benefits:

• Benefit cap – First, the $ 10,000 benefit maximum only applies to an “emergency medical condition.” For non-emergencies, there is a much lower $2,500 cap on available PIP benefits.
• Time limit – Second, if victims wait longer than 14 days to see their doctor, they lose all possible PIP benefits. This poses an obvious problem for those who sustain injuries with delayed onset of symptoms.

It’s also important to understand that PIP includes only economic losses, such as medical costs and lost income. It does not include noneconomic losses, such as pain and suffering. Accident victims should consult with an Orlando personal injury lawyer to review their financial recovery options and to address any issues in terms of classifying injuries as “emergency medical conditions.”

Who Does Your Insurance Company Have to Pay?

The legislature has also tightened the reins on who is deemed an acceptable medical provider.

Florida statutes only authorize reimbursement of initial services or care that is provided or ordered by a:

• physician;
• osteopathic physician;
• chiropractor;
• dentist; or
• services performed in a hospital.

A Personal Injury Protection insurance company does not have to pay medical bills related to holistic treatments. Massage and acupuncture services may not be reimbursed under these policies. However, chiropractic care may be reimbursable, but only up to $2,500. This presents a potential financial problem for victims who decide to go with non-traditional care treatments.

PIP Insurance Companies Resisted Proposed Reductions in Car Insurance Premiums

While lawmakers did try to reduce the amount insurance companies could bill Florida residents for PIP insurance, those attempts were futile and worthless fine print. Past policies required insurance companies to reduce their premiums by 10 percent in 2013 and 25 percent in 2014. However, insurance companies still had the right to explain why they couldn’t achieve these rate reductions. Overall, Florida drivers did not see a substantial decrease in their PIP premiums over time.

Orlando Auto Accident Attorneys Can Help an Injured Person Recover the Compensation They Deserve Through Non-PIP Claims and Litigation

Under Florida PIP laws, some accident victims may struggle to recover fair compensation in a car accident claim. This may lead some to pursue a lawsuit against an at-fault driver if a car accident claim fails to provide adequate compensation for damages.

If you suffered serious or permanent injury, you don’t have to accept the wrongful denial of personal injury benefits by insurance companies. If you or a loved one has been in an accident and having difficulty receiving compensation for your damages, auto justice attorney Michael T. Gibson, PA, can help. Together we can review your legal options during a free case consultation.

Feel free to contact me at 407-422-4529 or reach out online to find out how I may be able to assist you.