September 02, 2014

How New Florida PIP Benefits Law Affects Injured Motorists

As of July 1, 2013 new changes went in effect regarding the required personal injury protection benefits that Florida motor vehicle owners must maintain.  The law requires that motor vehicle owners must maintain insurance coverage of $10,000.00 in medical and disability benefits and $5,000.00 in death benefits resulting from bodily injury, sickness, disease or death arising out of the ownership, maintenance or use of a motor vehicle.  As in the past, this "PIP" or personal injury protection benefit will continue to pay eighty percent of all reasonable medical expenses and sixty percent of loss of gross income or loss of earning capacity caused by the injury from the accident.  The big change is that a person must receive medical treatment by a physician licensed by the statute within 14 days after the motor vehicle accident or you may lose all benefits.

In addition, the statute now limits your PIP benefit to $2,500.00 unless an authorized physician has determined that "the injured person had an emergency medical condition".

Another big change to look out for is the new law does not provide payment of medical benefits for massage therapy or acupuncture regardless of how therapeutic the treatment is or whether it was provided by a licensed massage therapist or licensed acupuncturist.

This new law will be challenged by our law firm in the court system.  It appears to be an attempt to severely limit legitimately injured people from pursing payment of their medical bills by setting an arbitrary deadline for claims and treatment without regard to the individual circumstances and physician recommendations.  If you have been involved in a motor vehicle accident it is even more important to contact us at Lusk, Drasites and Tolisano to protect your legal rights.

Posted in: Personal Injury

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