Vero Beach Personal Injury Attorney, Keith Bregoff ESQ. discusses the sweeping changes to Florida’s no fault (PIP) insurance laws
Florida Legislature made broad, sweeping changes to Florida’s Injury Protection (PIP) law, limiting payouts and coverage.
PIP is a type of automobile protection that covers an insured’s medical expenses and lost wages, or can supply a survivor benefit in fatal events. PIP is referred to as “no-fault” protection, due to the fact that PIP advantages are paid regardless who is at “fault” of a vehicle accident. All Florida drivers are required to carry PIP protection on their insurance policy.
The failing to follow the changes to the PIP laws could prevent you from getting the full PIP advantages you are entitled to under your PIP insurance protection. Below is a list of just some of these modifications and it is by no suggests an extensive list.
1) When involved in an automobile accident, people trying to claim PIP medical benefits are now required to get preliminary services and treatment within 14 days after the automobile accident. This reduces fraud for individuals who are convinced later to file suit after the fact to try and game the system.
2) The biggest change is massage and Acupuncture are not covered by PIP despite the benefits of massage and acupuncture; these treatments are no longer covered or reimbursable by PIP. This will hurt fictitious claims being filed by unethical massage and acupuncture therapist who have been earning a living fraudulently by manipulating the system.
3) In order to receive the full $10,000 PIP of benefits, you need to have an ”Emergency Medical Condition“ As the Florida legislature’s expense summary states, ”the expense uses two different coverage limitations for PIP medical advantages, based upon the severity of the medical condition of the individual“. A person could receive approximately $10,000 in medical advantages for services and care if a medical professional has identified that the injured individual had an ’emergency medical condition.
Chiropractic doctors cannot make this determination. An ”emergency situation medical condition“ is defined as a ”medical condition requiring urgent medical attention or the patients’ health could be in jeopardy. If a person is not detected with an emergency medical condition, the PIP medical benefit limit is just $2,500.
4) Your insurance company can require you to provide an “Examination Under Oath” (EUO) and go through a medical examination or you might lose your PIP benefits Insurers are licensed to take an examination under oath (EUO) of an insured. Compliance is a condition for getting full PIP medical payments advantages.
The new bill also supplies that if an individual unreasonably fails to submit for an independent medical examination (IME), the insurance carrier is not liable for benefits. An IME is an examination carried out by the insurance company’s medical professional, not the insured’s doctor.
Although called an “Independent Medical Examination,” the physicians who perform IMEs are selected and paid for by the insurance companies, not the patient/insured. They determine within the IME exam whether the injury caused by the accident is unreasonable and PIP treatment could cease.
The brand-new restrictions, requirements and time constraints of the PIP statute, it is more vital than ever to be watchful and proactive after a car accident, in order to secure your right to receive medical advantages offered under your PIP insurance policy.
For more details on the PIP law or any legal problem, please contact any of Keith Bregoff ESQ. This article is not a complete evaluation of the PIP statutes, nor does it constitute legal recommendations.
Keith Bregoff is a in personal injury lawyer in Vero Beach, Florida. He has been a member of the Florida Bar Association since 1991. Before forming his own law firm, he worked as an attorney for Allstate Insurance Company and as a lead prosecutor for the Broward County State Attorney’s Office.
Mr. Bregoff recently settled 2 personal injury cases.
1. Thompson vs. Smith for $550,000 before the case went to court.
2. Hopf vs Thomas which was settled for $500,000 also settled before law suit was filed.
Learn more about Mr. Keith Bregoff ESQ. by visiting http://www.personalinjuryattorneyverobeach.net
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