Personal Injury Blog



toy car in hands representing new pip insurance coverageOn January 1, new laws took effect in Florida regarding your PIP insurance coverage. Everyone who lives here in the state knows about the requirements that the state places on every driver for their insurance, namely that they must carry PIP insurance to legally drive. Previously, that insurance was up to a minimum of $10,000 and covered any form of medical expense to that limit. Now, things have changed slightly.

PIP Law Changes and Benefits

Law Enforcement

Firstly, the new restrictions on how Law Enforcement must document the accident are complicated and time consuming, especially for police officers who are already bogged down. Instead of a short form report, officers must prepare a longer document in all accidents resulting in death, injury, or pain (or if a tow truck or commercial vehicle are involved). This means, effectively, that they’re creating more paperwork for the men and women working their beats—making it more complex (and ostensibly more difficult for you) when it comes to accidents.

Fraudulent Claims

This is what officials claimed the bill is for. However, all of the provisions within the bill only reiterate existing law on preventing fraud, not creating any new restrictions or legislation. This does nothing for the consumer and only serves to "prove" that the law itself is for the “reduction of insurance fraud.”

Insurance Companies

The new law calls for a 10% reduction in billing for PIP (this occurred back in October) and a 25% reduction in billing by 2014. This sounds great for the consumers as it’s supposedly a fair deal (and there’s no one on the planet who would like to pay more for the same coverage). However, as you’ll see, that’s not guaranteed. These rate reductions are tied to coverage reductions by way of restrictions on how PIP can be used—and they’re fairly steep.

Worse yet, the insurance companies can “explain in detail its reasons for failing to achieve those savings.” [link: flsenate.gov] If those reasons are accepted, then they are allowed to continue at their current rates. Effectively, if the insurance company is good at writing their cases (as we assure you that they are), they can avoid the decreases in their revenues while paying less in benefits—which is not good for anyone but them.

The Service Providers and Consumers

First: you do still receive $10,000 in benefits, provided you meet the new requirements. Instead of three years to file a claim on your PIP benefits, you now have 14 days. In addition, to receive your full benefits you must be judged to have a “emergency medical condition” requiring immediate treatment. Otherwise, you’re limited to 25% of your benefits—a mere $2,500. The diagnosis of your injury is restricted to doctors (both MD’s and DO’s), dentists, physicians assistants, or ARNP. If you want to see a chiropractor, you’re limited to the reduced benefits level and you must be referred by one of the above doctors. Otherwise, nothing is paid. Massage therapists and acupuncturists are completely cut off—even if referred, they will not receive a penny from your PIP.

If you are not found to be injured and diagnosed as such within 14 days, you will not receive assistance. This is why it’s more important than ever to go to the hospital immediately to get diagnosed. Otherwise, you’ll be dealing with painful repercussions or hospital bills for years—not a pleasant outcome for anyone.

If you’re injured in a car accident, you need to get treatment and call a lawyer—now more than ever. With the changes in the law, you’ll be dealing with an increasingly difficult situation that won’t just resolve itself simply. If you’ve been in an accident, go to the doctor, then call us. We’ll help you navigate all of the paperwork and help you get what you need.

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