PERSONAL INJURY PROVIDER RESOURCES AND EVENTS

Florida Statute sections 627.730 through 627.7405 are known collectively as the “Florida Motor Vehicle No-Fault Law.” The No-Fault law is frequently referred to as Personal Injury Protection or PIP law. The legislative purpose of the No-Fault law is provided in Florida Statute 627.731 which reads:

The purpose of ss. 627.730-627.7405 is to provide medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits, for motor vehicles required to be registered in this state and, with respect to motor vehicle accidents, a limitation on the right to claim damages for pain, suffering, mental anguish, and inconvenience.

The legislative goals of the No-Fault Law were to lessen the congestion of the Court system, reduce automobile insurance premiums, and assist persons injured in automobile accidents by providing them with medical care without driving them into dire financial straits with the possibility of swelling the public relief rolls. Lasky v. State Farm Insurance Company, 296 So. 2d 9 (Fla. 1974).

The intent was to provide the injured motorist with speedy payment for medical expenses, lost wages, or death benefits to an estate. Id. See also Cosme v. Fidelity National Insurance Co., 5 Fla. L. Weekly Supp. 656, 657 (Fla. 11th Cir. Court 1998)(the purpose of the PIP statute is to maximize the benefits available to an insured under the policy); Assi v. Florida Auto Auction of Orlando, 23 Fla. L. Weekly D2055 (Fla. 5th DCA 1998); Allstate Insurance Co. v. Ivey, 774 So.2d 679 (Fla. 2000)(the purpose of the no-fault scheme is to provide swift and virtually automatic payment so that the injured may get on with his life without undue financial interruption).

The long-standing policy of Florida courts has been to construe the No-Fault Act liberally in favor of the insured and give effect to the legislative purpose of providing broader and a more liberal standard of coverage. In exchange, the owner or operator of the motor vehicle would be exempted from tort liability except in certain limited circumstances.

Medical expenses: PIP coverage in Florida can cover medical and surgical treatment, dental and optometric treatment, ambulance and nursing services, medication, medical supplies, and prosthetic devices.

Lost wages: If you are unable to work due to accident-related injuries, PIP could help you recover lost wages.

Substitute services: If accident-related injuries keep you or those covered from performing household tasks, like cleaning, PIP could help pay for substitute services, like a cleaning crew.

Funeral expenses: If accident-related injuries result in death, PIP could help pay for funeral expenses.

The Florida 14-day accident law requires that anyone who has been injured in a car accident must get medical care within 14 days of the accident in order to receive any PIP (Personal Injury Protection) benefits.

An Emergency Medical Condition often called an EMC, is a medical report which can be issued by a doctor after an auto accident. The purpose of the EMC is to cause the auto insurance company to release the full amount of coverage for medical expenses. Florida PIP coverage is required coverage for automobile owners in the state of Florida.

If your auto accident injuries result in an Emergency Medical Condition requiring you to return to a doctor or chiropractor after your initial exam, it is important to have the documentation of the initial injury completed promptly. While the medical condition may not seem like an “emergency” for the emergency room, the PIP insurance terminology still labels it an Emergency Medical Condition, and still requires the EMC report.

We will need the following three documents to get your demand started:

• Assignment of Benefits
• Ledger or HCFA Forms
• Insurance Name and Claim Number

You can send us the documents via fax, email, or request an audit.

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