Florida’s First District Court of Appeals just overturned a challenge to Florida’s new personal injury protection, or PIP, law. Because the new PIP law is now unchallenged, there are numerous restrictions of which Florida car accident victims need to be aware. Fort Lauderdale based car accident lawyer Joseph Lipsky reminds all Florida car accident injured victims of the new law’s limitations which apply to all Florida car insurance policies as of January 1, 2013.
First, you need to be evaluated by a doctor, or at a hospital/urgent care center, within 14 days of your car accident. If you delay seeking initial medical care by more than 14 days, hoping that your pain subsides, your car insurance company will NOT pay any future accident related medical bills.
Secondly, you must complain about all of your injuries, no matter how minor you think they are, at your first evaluation. If you fail to mention some injury at your initial visit, and then bring it up to your doctor later, that “new” complaint will not be covered by your car insurance company.
Thirdly, unless a medical doctor, osteopathic doctor, or LPN makes a diagnosis of your suffering an Emergency Medical Condition, your car insurance company will only be responsible for the first $2,500.00 of your medical bills. With an appropriate diagnosis of an Emergency Medical Condition, you are still entitled to $10,000.00 of medical coverage. However, understand that a chiropractor is not permitted to render the Emergency Medical Condition diagnosis. Therefore, if you are only examined by a chiropractor, your car insurance company will only be responsible for $2,500.00 of your accident related medical treatment.
The law defines an Emergency Medical Condition as one which shows itself through immediately sever symptoms, including pain, that in the absence of immediate medical attention you would be expected to suffer from your health being in serious jeopardy, a serious impairment of your bodily function, or a serious dysfunction of any bodily organ or body part.
Finally, the new law allows your car insurance company to not pay for any massage therapy or acupuncture care.
Because of the stringent limitations placed on Florida car accident victims, personal injury attorney Joseph Lipsky strongly recommends everyone injured in a car accident consult with an experienced personal injury attorney as soon as possible after their crash. Making sure you understand your rights and how to best protect them is more important than ever.