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Limitations on Florida Personal Injury Protection

Limitations on Florida's Personal Injury Protection insurance coverage may make it harder to have car accident-related injuries treated.
 
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    February 09, 2014 /24-7PressRelease/ -- In January of 2013, changes to Florida's laws governing "personal injury protection" (PIP) coverage in automobile insurance policies went into place. The law was intended to limit fraudulent insurance claims that were reportedly costing the state nearly $1 billion annually in the form of increased insurance premium rates. Once in effect, the revised rules limited claims on PIP policies that were not brought in a timely fashion (within 14 days) of an accident. Furthermore, to receive coverage, injuries resulting from car crashes need to be treating by an accepted medical care provider like a doctor, dentist, paramedic or chiropractor. Claims for injuries that were not treated by an acceptable provider or within the 14-day timeframe could be denied.

One year out from the date when the reformed PIP rules went into place, the state's Office of Insurance Regulation estimates that auto insurance premiums around the state should drop an average of 13.2 percent due to the decrease in fraudulent claims. Prior to the passage of the law, the National Insurance Crime Bureau had listed several Florida cities as having among the highest number of "questionable" PIP claims in the country.

Background

Florida, like several other states, is a "no-fault" insurance state. This means that, should injuries result from a car accident, each driver's car insurance will be responsible for his or her injuries, regardless of fault in the accident. For example, if Bill is driving his car and runs a red light, striking Jane's car, Bill's insurance will be responsible for covering his injuries, while Jane's insurance will cover her injuries, even though Bill caused the accident. This is not to say that legal actions are not allowed in car accident claims, just that immediate medical care is typically funded by each driver's PIP coverage.

Logically, the "no-fault" system makes sense, and it should be a relatively easy way to sort out payment issues following an injury-causing car wreck. As designed, "no-fault" insurance reduces delay claims by the injured policyholders and allows payment issues to be settled without the need for lawsuits. Unfortunately, there are issues related to no-fault and PIP coverage that were not easily foreseen by legislators.

Loopholes?

Supporters of the new, stricter PIP rules say that the old system lent itself to fraud by not having sufficient time constraints on injury claims or by limiting the types of providers. They say that allowing relatively unregulated industries like acupuncture and massage therapy be counted with established, "legitimate" care providers for PIP payment purposes, and by not placing a reasonable time limit on claims, the state was all but endorsing fraudulent claims.

While the Florida Office of Insurance Regulation is reporting a drop in fraudulent auto accident injury/PIP claims in the last year, some legal industry experts are worried that legitimate claims are being sacrificed. For example, now that acupuncture and massage - two medical treatments that may be considered "alternative" or outside the mainstream but are actually based on hundreds of years of scientific and anecdotal data - and others are no longer covered under PIP, injured victims are losing out on valuable resources that could help speed their recovery and stop their pain.

At this time, the estimated drop in fraudulent claims and lowered insurance rates haven't yet been substantiated. Regardless, though, it is possible that some people are falling through the cracks of PIP coverage due to no fault of their own. Being too injured to submit a claim in a timely fashion or needing the type of care not typically covered by PIP are only two scenarios in which dealing with your own insurer might be difficult. If you or a loved one has been injured in a Florida car accident, let an experienced personal injury attorney handle the insurance companies and any claims you may have against the at-fault driver.

Article provided by Stamatakis + Thalji + Bonanno
Visit us at www.myinjury.com



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