Insurance Companies: 1
Public: 0
Published on March 2013 | By
Mark NeJame - Orlando Litigation Attorney; Benjamin W. Loving contributed to this article. As of January 1, 2013 changes by the Florida legislature may have a great
impact on the way your car accident claim is handled. If you are
injured in an auto accident, you now have a mere two weeks to seek medical treatment or risk the potential
loss of the coverage you have been paying for. In Florida, drivers are
required to have Personal Injury Protection insurance (PIP) and liability
protection to cover property damage. The PIP coverage will cover up to
$10,000 of medical treatment if you are injured in an auto accident. The
Florida Legislature, with enough prodding by auto insurance companies,
has added new hurdles for Florida Drivers to jump over in order to receive
PIP benefits. One of the biggest changes to the law has to do with the timing of seeking
medical attention; you must seek your initial medical treatment within
14 days of the accident under the new law. The problem is many people
involved car accidents postpone care initially and only seek medical help
down the road when aches and pains persist or arise. It is not at all
uncommon for someone “self treat” with over-the-counter medications
for two or three weeks before seeking appropriate medical attention. Timing
is not only hurdle the injured are faced with under the new law; a specific
type of medical provider must now perform the initial treatment in order
to potentially receive full PIP benefits. Medical providers that fit the
bill include Medical Doctors, Doctors of Osteopathic Medicine, Dentists,
Physician’s Assistants or Registered Nurse Practitioners. Once you have cleared both hurdles of timing and selecting the appropriate
medical provider, you are faced with the “Emergency Medical Condition”
question. Your medical provider must declare that you have an “Emergency
Medical Condition” in order to receive your full PIP benefits. An
Emergency Medical Condition is defined as a medical condition that would
reasonably be expected to result in serious jeopardy to patient health,
serious impairment to a body function, or serious dysfunction of any bodily
organ or part. If your medical provider does not feel that you have an
Emergency Medical Condition, as defined by the new law, you will lose
$7,500 of your PIP coverage. What does that mean to you? Unfortunately,
you will only have $2,500 of PIP benefits available for medical treatment
related to the accident. You may think $2,500 will more than cover your
medical bills if you do not have a serious condition, but more than half
of your PIP benefits can easily be exhausted in one trip to the emergency
room after an accident. In order to navigate your way through the new
law, you may want to consult with a personal injury attorney. You may wonder how the Florida Legislature has managed to take away the
benefits that you pay for. The new law was promoted as a way for Florida
drivers to save money on auto insurance. The law calls for a 25% reduction
in billing for PIP benefits in 2014; however, the insurance companies
have a right to petition for exclusion from the reduction. The recent
changes toFlorida PIP law also required a 10% reduction in October 2012, but of the
148 insurance company PIP-rate filings that have been approved by the
State’s Office of Insurance Regulation, only 25% of these filings
show the required reduction. When it comes to winners and losers, the
auto insurance companies win big and Florida drivers lose again. If you are injured in an auto accident, not only you should seek immediate
medical attention, but you must seek this service from the appropriate
type of medical provider. Your PIP benefits are crucial in your ability
to receive and potentially afford proper medical attention. These benefits
may be the only thing standing between you and a serious permanent injury.
In order to assure that you are taking the appropriate steps to follow
the new law, you may want to consult with a qualified personal injury
attorney who takes the time and has the experience to educate you on the
changes to Florida PIP law and how it may affect your potential accident
claim. Be careful and drive safely!
