We are currently more than half way through the 2013 year and we have all heard many commercials telling us that the Florida No-Fault PIP statute has changed. The new law is long and confusing. This post will identify the major changes of this new law and also expose what rules you must follow in order to use your PIP insurance.
The rule is very simple: If you do not seek medical treatment within 14 days from the date of the motor vehicle accident, you cannot make a PIP claim. The consequences of the rule are very harsh since they can bar any potential PIP claim you have regardless of your injuries.
Under the new PIP law, the treatment that you receive for your injuries within 14 days from the date of the accident is called initial services and care. Any treatment after that is cleverly referred to as follow-up services and care.
The new law requires that the initial and follow-up services and care be consistent with one another. The lesson here is clear: Make sure that you express any and all injuries, pains, and aches to the physician that sees you within the first 14 days of the accident.
Emergency Medical Condition
One of the key changes to the PIP law is that your benefits may be capped at $2,500.00 instead of $10,000.00. Even though you paid premiums for a policy with up to $10,000.00 in PIP benefits, your benefits may be limited based on whether an emergency medical condition exists, or EMC.
This new change makes it very important where you seek medical treatment since the medical providers must be aware of who can determine whether an EMC actually exists.
An insurance company has many tools they use to investigate any PIP claims that their insureds make. One of the tools they use is the independent medical examination, or IME. An IME is a medical examination done by a physician chosen by your insurance company. Another tool is the examination under oath, or EUO. This examination requires you to answer the questions the insurance company has while under oath. This examination, like the IME, is done in person.
Although the IME and EUO are not new tools, the new PIP law makes it very important for you to attend these examinations. Failure to attend these examinations will make it very difficult for you to receive any of the PIP benefits that you may be entitled to.
The successful handling of a No-Fault PIP claim requires intricate knowledge of the PIP statute and experience in handling said claims. Here at Rubenstein Law, we have the required knowledge and experience in handling all PIP matters. If you or anyone you know has been injured in a motor vehicle accident, please contact us within 14 days of your accident at 1-800-FL-Legal (355-3425).