Florida Pip Law and how it might affect you if you have been injured
The Florida Personal injury protection law that was passed in 2013 was designed to try and prevent insurance fraud, but in reality hurt injured parties right to claim pip benefits. The new law may allow insurance companies to collect the same or even higher rates, but provide lower coverage. Florida requires $10,000 in personal injury protection on every auto policy. This allows for anyone who has been injured in an auto accident to receive medical treatment for their injuries, it does not matter who was at-fault for the accident.
The Florida Pip Law (revised 2021)
627.736 florida personal injury protection law was revised in 2021. Here is just a short recap of that law and what it says in non lawyer terms.
An insurance policy must provide a limit of 10,000 in medical and disability benefits, and 5000 in death benefits resulting from use of a motor vehicle. This includes death caused by use of motor vehicle, ownership or maintenance.
This coverage is provided for
- Members of the household
- Passengers in vehicle at the time of accident
- Pedestrians struck by motor vehicle
Medical benefits are paid at 80% of what the insurance company deems as reasonable and medically necessary procedures.
- Doctors Visits
- Physical Therapy
- ER Visits
- Prosthetic devices
- Chiropractic Care
You must seek medical care within 14 days after your accident to receive any pip benefits in FL.
What PIP won’t pay for
- Massage Therapy
Disability payments stemming from accidents must be paid every other week. Pip disability covers 60% of any lost income. It also covers any loss of earning capacity from inability to work.
Pip death benefit pays out at the rate of 5000 per person. These benefits are paid to the executor of the deceased estate. The Pip death benefit is an addition to the medical coverage.
See the Doctor first
Accident doctor always says see the doctor first. If you have been injured in an auto accident in Florida, this is extremely critical. The Florida Pip law sets a 14 day limit on for someone who has been injured in a car or truck accident to seek medical treatment. The previous law set no limit on seeking medical care. If you have been injured in a car accident, you need to seek medical attention ASAP. You can find a lawyer at anytime; you need to see a doctor immediately.
If you seek medical treatment after the 14 day limit, nothing will be reimbursed by the insurance carrier under the current law. Current policyholders may be eligible for $2,500 in pip coverage; the previous limit was $10,000.00. Only those with serious injuries are eligible for the higher limit, while individuals with less serious injuries will receive only up to $2,500. Patients may need certification by a medical doctor, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner corroborating how the injury requires immediate medical assistance.
You may not be able to see your doctor under Florida PIP or no fault
The Florida pip law also changes the types of treatment that will be covered. Massage therapist and acupuncturists will not be allowed to treat patients under personal injury protection (pip). The law also allows for insurance companies to change their policies regarding pip without letting policy holders aware of such changes.
The new law has been challenged by different groups. Florida chiropractors massage therapist, and acupuncturists have filed lawsuits fighting the limits of what Medical type procedures will be covered after an auto accident.
The Florida personal injury protection law makes seeking treatment critical
Seeking medical treatment in Florida after you have been injured in auto accident has now become the most critical step to preserve a personal injury case. A 14 day window is not much time. Do not hesitate to seek treatment, if you do, you may find yourself paying your own medical bills, even though you pay the insurance company for that coverage. Personal injury protection was designed to pay for your medical expenses incurred by an auto accident.
Florida pip law is now making it harder for you to use the benefits that YOU PAY FOR. These are your benefits; the insurance company has now tied your hands. This is no doubt a great victory for the insurance companies; it might be only a matter of time for other pip states follow Florida pip law. If you have been injured in an auto accident in Florida make sure that you seek medical treatment ASAP. If you cannot find a doctor in your area, contact us immediately.